DAULAT RAM @ DAULAT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order dated 27-7-87 passed by the Additional Sessions Judge No. 5. Jaipur City, Jaipur framing charge against the accused under Sec. 20 of the NDPS Act, 1985. According to him the case against him fells under Sec. 16/54 of the Rajasthan Excise Act and not under the NDPS Act.

(2.) The Excise Inspector searched the house of the petitioner on 24th Sept. 1987 and found one kilogram Bhang in a bag. This was in paste form and a machine for making paste of Bhang was also recovered from the site. After investigation, a challan was presented under Sec. 16/54 of the Rajasthan Excise Act. The Magistrate taking cognizance was of the opinion that the offence of the petitioner falls under Sec. 20 of the NDPS Act. Therefore, he committed the accused to stand trial before the Sessions Judge. Thereafter the Addl. Sessions Judge framed charge as stated above.

(3.) The relevant provision in this regard may be first looked into. Sec. 2(iii) of the NDPS Act defines 'cannabis (hemp)' as under:-