STATE OF GUJARAT Vs. BILLAH AHMAD UMARALI SHEIKH

JUDGEMENT

(1.) This acquittal appeal is directed against judgment and order dated September 24, 1986 passed by the learned Judicial Magistrate, First Class, Khambhat, in Criminal Case No. 1322 of 1986, acquitting the respondents-accused for the offences punishable under Secs. 65(a)(e)(g) and 66(1)(b) and 81 of the Bombay Prohibition Act, 1949 and for the offence punishable under Sec. 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act").

(2.) By the charge at Exh. 6, it is alleged that at about 5-30 p.m. on January 21, 1986, the accused persons possessed Ganja weighing 210 kilograms and Charas weighing 87 grams, totally worth Rs. 1,68,206.00, without any pass or permit and in contravention of the provisions of the Bombay Prohibition Act and NDPS Act at their house, situated at Vaghriwad, Saifibaug in Khambhat and thereby committed the aforesaid offences.

(3.) Mr. K.P. Raval, learned Addl. Public Prosecutor, appearing for the appellant- State, raised an important question of law relating to jurisdiction of the learned Magistrate in trying the offence under the NDPS Act. He submitted that the learned Magistrate failed to appreciate that the respondents were tried for the offence punishable under Sec. 20(b)(i) of the NDPS Act and the said case is triable only by the learned Sessions Judge and that the learned Magistrate had no jurisdiction to try the case and the order of acquittal is not only erroneous but illegal and void ab initio. There is substance in this submission of Mr. Raval and therefore, instead of dealing with and disposing of the case on merits, the question as to jurisdiction of the Court of learned JMFC in trying the offence under NDPS Act is examined.