STATE OF KERALA Vs. MANOHARAN

JUDGEMENT

(1.) This Crl.M.C. has arisen on the basis of a reference made by the Chief Judicial Magistrate, Thodupuzha in respect of C.C. 131 of 1993 pending before that court under S.395 of the CrPC.

(2.) The Excise Inspector, Adimaly filed a complaint against 11 accused persons alleging offences punishable under S.20(a)(i) of the N.D.P.S. Act and S.55(c) of the Abkari Act before the Judicial First Class Magistrate's Court, Adimaly. The allegation against the accused was that on 12-10-1989 at 11.30 a.m. they were found engaged in the cultivation of ganja. The Judicial First Class Magistrate, Adimaly took the complaint on file and after preliminary enquiry committed the case to the Court of Session, Thodupuzha by order dated 18-6-1991 in C. P. 13/91.

(3.) The Sessions Court though took the case on file and registered as S. C. 121/91 found that no offence punishable under the N.D.P.S. Act was made out in the case since the detection and seizure was made on 12-10-1989 prior to the date on which the Act was made operative on 13-12-1989. But the Sessions Court however found that the facts in the case disclosed an offence punishable under S.55(c) of the Kerala Abkari Act and made over the case to the Chief Judicial Magistrate's Court directing to frame charge against the accused under S.55(c) of the Abkari Act and to try and dispose of the case. The C.J.M., Thodupuzha registered the case as C. C. 131/93.