KOSHY, J.

This Crl. Appeal was referred to the Division Bench by learned single Judge doubting the decision of another single Bench decision of this Court in Naushad v. State of Kerala, (2000) 1 Ker LT 785 : (2000 Cri LJ 2870). There it was held by the learned single Judge of this Court that when complainant and investigating officer are one and the same, it cannot be said to be fair in a proceeding under Narcotic Drugs and Psychotropic Substances Act, 1985 (in short N.D.P.S. Act) and the learned Judge made the following observations in the reference order :

"It is not unusual in this state that in N.D.P.S. Act cases the detecting official himself proceeds with the investigation and lays charge. It is to be remembered that the investigation in such cases are done by the officers specially empowered under the provisions of the NDPS Act. I feel a genuine doubt whether in N.D.P.S. cases the principle that in a case where a police officer detects a crime, investigation should invariably be done by a superior or top ranking officer can be laid down as a general proposition."

Therefore, the question to be considered by us is that whether it is obligatory under N.D.P.S. Act tha