Balanarayana Marar J.

Appeal is against acquittal. State is the appellant.

2. Respondent was charged by Excise Inspector, Mananthavady for offence punishable under section 55(a) of the Kerala Abkari Act. He is alleged to have possessed one kilogram of ganja which was detected by the Preventive Officer and party on 9-2-1987. On analysis the article was found to be ganja. The Magistrate's Court found the accused guilty, convict him and sentenced him to undergo imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default to undergo simple imprisonment for another period of one month. On appeal Sessions Judge, Waynad set aside the conviction and sentence and acquitted the accused. Hence this appeal after obtaining special leave.

3. Heard Public Prosecutor and counsel for respondent.

4. The order of acquittal is seen entered mainly for two reasons. The court below found that the offence comes under the provisions of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act for short) and that the Magistrate should have committed the case to the Sessions. The other reason mentioned by the Sessions Judge is the incompetence of the Preventive Officer to