PAREED PILLAY. AC. C.J.

Petitioners in Crl M.C. 357 of 1993 are the accused in S.C. 8 of 1993. That case was instituted upon complaint by the Excise Circle Inspector, Punalur under Section 20, (3)(i) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as 'the Act'). The allegation against them is that they on. 13-3-1990 at about 11 a.m. have kept 120 gms. of ganja for sale in the shop taken on lease by the second petitioner. The Excise Inspector had earlier filed a complaint before the Magistrate Court on the very allegation. That case was committed to the Sessions Court, Kollam and it was numbered as S.C. 58 of 1991. Charge was framed. It was read over to the petitioners on 2-12-1992. Case was posted for trial on 16-1-1993. On that day the Sessions Court was apprised of the fact that the Excise Inspector who filed the complaint (Annexure A-1) before the Magistrate was not authorised by the Government under Section 36-A (1)(d) of the Act to institute the case. Thereupon, Sessions Judge discharged the petitioners. On the same day Annexure A-4 complaint was filed before the Sessions Judge on the very same facts alleged in Annexure A-1 complaint.