SREEDHARAN, J.

These appeals have been referred to a Division Bench by a learned single Judge for deciding the question as to whether trial conducted by the Sessions Court for offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, for short "NDPS Act", is illegal in view of the order of commitment passed by the Magistrate under Section 193 of the Code of Criminal Procedure, for short "the Code".

2. In Criminal Appeal 678/1993, police initiated proceedings under the NDPS Act against the accused on the allegation that he was found to have cultivated and maintained 100 ganja plants in the land belonging to and possessed by him at Mukkudil kara in Senapathy Panchayat. The cultivation was detected by the Sub-Inspector of Police, Santhanpara while he was on law and order patrol duty on 25-9-1990. Accused was taken into custody on 26-9-1990 when he surrendered before PW-4, the Circle Inspector of Police, Munnar. He was produced before the Judicial First Class Magistrate's Court, Nedumkandom on the same day. Learned Magistrate remanded him to custody till 10-10-1990. He moved the Session Court for bail. Learned Sessions Judge released him on 1-10-1990. PW-9 com