The simple question is whether the prosecution proceedings now initiated against the petitioner are liable to be quashed as hit by S.300 of the Code of Criminal Procedure ( "code" for short). Petitioner was earlier prosecuted for the offence under S.20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act (for short the "act). But he was discharged by the Sessions Court as per order dated 19-1-93 holding that prosecution proceedings were not maintainable as they were initiated on a report filed by the Excise Circle Inspector who was not authorised by the Government in that behalf. The said legal position remains unassailable now with the decision of this court in Prabhakaran v. Excise Circle Inspector (1992 (2) KLT 860). Much later fresh prosecution proceedings were initiated against him on the report of Excise Circle Inspector (special Squad) who, in the meantime, became authorised by the State Government in this behalf. Sessions Judge who took cognizance of the offence issued process to the petitioner to appear in court. Petitioner is now invoking the inherent jurisdiction of this court for quashing the said fresh prosecution proceedings.

2. The first prosecution