Judgment

Syed Shah Mohammed Quadri, J.—Leave to appeal is granted.

2. This appeal is directed against the order dated June 4, 1998 passed by the High Court of Kerala at Ernakulam dismissing Crl. 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.

3. The appellant was searched by the Excise Inspector, Devikulam. On the allegation of recovering ‘Ganja’ from his possession the appellant was taken into custody on November 21, 1990. 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 notification under which he became competent so to do, was issued by the Government of Kerala in G.O. (M.S.) No.168/92/TD, authorising officers of and above the rank of Excise Inspectors of the Excise Department to file complaints under Section 36A(1)(d) of the NDPS Act, on October 20, 1992. On the ground that the Excise Inspector was not authorised to file the charge-sheet against the appellant and therefore, the complaint was not main