IMPORTANT POINT
The contention that Section 1(3) of NDPS Act, 1985 has itself not come into force and so a notification under it is inoperative is not valid.

JUDGMENT

Viswanatha Iyer, J. -Ambassador Car No. KLH 124, which belonged to the petitioner's deceased father, had been sold after his death, by the petitioner, his mother and his brother, to one Franco. This Franco and four others were arrested by the Assistant Collector of Central Excise, Trichur on 26-1-1988 for having contravened the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, (Central Act 61 of 1985) (the Act for brevity). The car No. KLH 124 was seized. Franco, the purchaser of the car, was questioned by the Central Excise authorities and he' falsely implicated the petitioner in the offence; Thereupon the petitioner moved for anticipatory bail; but was not successful. He now apprehends arrest, and further proceedings, under the Act.

2.' According to the petitioner, the Act has not come into force, so that any proceedings in enforcement thereof are misconceived and illegal. He has therefore filed this Original Petition seeking directions by way of writ of mandamus to the respondents, not to proceed with the investigation against him, under the Act.

3. The petitioner's contention is that the Act is not in force. This is despite the fact that the Central Government has issued a notification dated November 14, 1985 in exercise of the powers conferred on it by subsection (3) of Section 1 of the Act appointing November 14, 1985 as the date on which the said Act shall come into force in the whole of India. The sub-section reads as under:

"(3). It shall come into force on such date as the Central Government may, by notification in the official gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State."

4. The petitioner develops his contention as follows:

Parliament has not fixed any date for the Act to come into force Sub-Section (3) of Section 1 specifies that the Act shall come into force on such date as the Central Government may by notification in the official gazette appoint, and different dates may be appointed for different provisions of the Act, and for different States. The Act can thus be brought into force only by a notification issued under sub-section (3) of Section 1. But, this subsection itself has not come into force inasmuch as Parliament has not fixed any date on which it shall come into force. Therefore the executive Government has no power to issue any notification. Parliament has to act again to bring the Act into force, by passing appropriate legislation to bring sub-section (3) of section 1 into operation. The notification dated Nov. 14, 1985 issued by the Central Government is therefore without the authority of law.

5. This is what the petitioner says in paragraph 4 of the Original Petition:

"The petitioner most respectfully submits - that sub-section 3 of Section 1 of the Act has not been so far enforced so that the Central Government cannot exercise so called powers conferred by the sub-section (3) of Section 1 to bring into force the provisions of the Act by notification. Notification No. S.O. 821(E) dated 14-11-85 by the Ministry of Finance (Department of Revenue) is seen to have been issued purporting to exercise powers under sub-section 3 of Section 1 even though the said sub-section had not been brought into force at the time of issuance of Notification. In the case of enactments which are expressed to come into operation on an appointed day to be notified, the provision for commencement in the enactment itself should have stated that the said provision shall come into force at once while the rest of the provisions shall come into force on a day to be appointed and notified."

The petitioner then proceeds to point out the provisions of the Indian Bar Councils Act 38.

of 1926 and the Kerala Land Reforms Act, 1963 (Act 1 of 1964).