NIMEL Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) AMBASSADOR Car No. KLH 124, which belonged to the petitioner's deceased father, had been sold after his death, by the petitioner, his mother and his brother, to one Franco. This Franco and four others were arrested by the Assistant Collector of Central Excise, Trichur on 26-1-1988 for having contravened the provisions of the Narcotic Drugs and Psychotropic Subtances Act, 1985, (Central Act 61 of 1985) (the Act for brevity). The Car No. KLH 124 was seized. Franco, the purchaser of the car, was question­ed by the Central Excise authorities and he falsely implicated the petitioner in the offence. Thereupon the petitioner moved for anticipatory bail; but was not successful. He now apprehends arrest and further proceedings under the Act.

(2.) ACCORDING to the petitioner, the Act has not come into force, so that any proceedings in enforcement thereof are misconceived and illegal. He has therefore, filed this Original Petition seeking directions by way of writ of mandamus to the respondents, no to proceed with the investigation agaiast him, under this Act.

(3.) THE petitioner develops his contention as follows :-