1. The challenge in the appeal is with regard to the conviction entered against the appellant as accused in C.C. No. 18/97 of the II Additional Sessions Court, Ernakulam, (Special Court for trial of the NDPS Act Cases), for the offence under S.22 of the NDPS Act and the sentence of rigorous imprisonment for 15 years and a fine of Rs.1 lakh (in default, rigorous imprisonment for two years and six months) imposed therefor.

2. It is submitted that the order is passed without jurisdiction, and in any case overlooking the rights and contentions of the landlord. The said order came to be passed in the following circumstances.

3. The tenanted premises is a shop room. Calling upon the landlord to attend to maintenance work, tenant had issued a notice to the landlord, on 23.8.1992. The reply showed that such repairs were not necessary, and the building had become damaged by the improper use thereof, as ice blocks and salt were being stored there. The tenant had thereupon requested the Accommodation Controller to exercise his jurisdiction, envisaged under S.17(2) of the Act.

4. The Officer had referred the matter for a report from the Revenue Inspector. The report dated 19.11.1992 a