STATE Vs. L. ANTONY ADIMAI

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the order passed by the learned Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Cases, Pudukkottai, dtd. 17/6/2022 in Cr.M.P.No.1253 of 2022.

(2.) The Facts in brief:

(3.) Challenging the above said order, this Revision Case has been preferred by the State, stating that in the facts and circumstance of this case, the order passed by the trial Court is absolutely without jurisdiction, since contra band involved is the commercial quantity, Sec. 37 of NDPS Act ought to have been complied by the respondent. For the purpose of showing that in such cases jurisdiction under Sec. 88 of Cr.P.C cannot be exercised by the trial Court, by relying upon the judgment of the honourable Supreme Court in Pankaj Jain Vs. Union of India, (2018) 5 SCC 743, observation made to the effect that Sec. 88 of Cr.P.C cannot be invoked as a matter of right as it is a discretionary power.