This reference u/S. 395(2) of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Tellicherry in respect of an order of committal passed by the Judicial Magistrate of the Second Class, Cannanore.

2. The above case arose on a complaint filed by the Superintendent of Special Customs Preventive Unit, Cannanore against one A. Moidu of Azhiyoor u/S. 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on the allegation that he was found in unauthorised possession of 7.600 Kgs., of opium for sale on 26-1-1989 at 12-30 hrs. The accused was apprehended while travelling in bus KRZ 3804 from Bombay to Tirur.

3. I heard Shri T. V. Prabhakaran, as amicus curiae and Shri K. Prabhakaran, Senior Central Government Standing Counsel as also the Additional Public Prosecutor.

4. The Sessions Judge has stated, that the officers empowered under the Narcotic Drugs and Psychotropic Substances Act to investigate into offences and prosecute the offenders are not police officers, entitled to file a report or a charge-sheet u/S. 173(2) of the Code of Criminal Procedure, but should file complaint u/S. 190 of the Code of Criminal Procedure and since such a compl