On the ground that the Excise Inspector was number authorised to file the charge sheet against the appellant and, therefore, the companyplaint was number maintainable, the appellant was discharged under Section 227 of Code of Criminal Procedure by the learned Additional Sessions Judge, Thodupuzha, on February 22, 1993.
The case was companymitted to the companyrt of the Additional Sessions Judge, Thodupuzha, and was numbered as Session Case No.78 of 1993.
M.C.No.2417 of 1996 which was filed by the appellant praying the Court to quash proceedings in Session Case No.78 of 1993 on the file of Additional Sessions Judge, Thodupuzha.
The appellant filed Crl.
The appellant was searched by the Excise Inspector, Devikulam.
Under Section 20 b i of Narcotic Drugs and Psychotropic Substances Act, 1985 for short, the NDPS Act , a charge was laid against him by the Excise Inspector on February 20, 1991, whereas the statutory numberification under which he became companypetent so to do, was issued by the Government of Kerala in G.O. MS No.168/92/TD, authorising officers of and above the rank of Excise Inspectors of the Excise Department to file companyplaints under Section 36A 1 d of the NDPS Act, on October 20, 1992.
The said Excise Inspector, Devikulam, however, filed a fresh charge sheet against the appellant in Crime No.56 of 1990 for the very same offence on May 17, 1993.
M.C. No.2417 of 1996 before the High Court of Kerala praying that the entire proceedings in Session Case No.78 of 1993 on the file of Additional Sessions Judge, Thodupuzha be quashed.
LTTTTTTTJJ U D G M E N T Syed Shah Mohammed Quadri, J. Leave to appeal is granted.
By the order under challenge the High Court dismissed the petition.
On the allegation of recovering Ganja from his possession the appellant was taken into custody on November 21, 1990.
This appeal is directed against the order dated June 4, 1998 passed by the High Court of Kerala at Ernakulam dismissing Crl.
Hence this appeal.
