Sreedharan J.

These matters came up before us on reference made by a learned Single Judge. The question raised is whether the complaint filed by an Excise Inspector for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, hereinafter referred to as "the N.D.P.S. Act", is maintainable or not.

2. The short facts in Criminal Appeal 95 of 1991 are as follows. On 19-12-1989, a Preventive Officer of the Excise Department seized 500 gms. of Ganja kept in 174 packets and another quantity of 20 gms. from the possession of the accused. Consequently, Preventive Officer arrested the accused. After complying with the formalities, a complaint for offence under Section 20(b)(i) of the N.D.P.S. Act was filed before the Judicial First Class Magistrate, Muvattupuzha. The learned Magistrate entertained that complaint as C.P. 2 of 1990. It was then committed to the Sessions Court, Ernakulam, where it was numbered as S.C. 125/1990. In support of the complaint, prosecution examined P.Ws.I to 5, proved Exhibits P1 to P6 and got MOs.I to 4 marked. After appreciating the evidence, learned Sessions Judge convicted the accused for the offence under section 20(b)(i) of the N.D.