Police officers below the rank of Inspector have no jurisdiction to investigate offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 unless they are specifically authorized by a notification issued by the government.

S. M. JAIN, J.

( 1 ) THIS appeal is directed against the Judgment dated July 27, 1987, of the Sessions Judge, Jalore, convicting and sentencing the appellant for the offence under section 18 of {he Narcotic Drugs and Psycho tropic Substances Act, 1985, (hereinafter referred to as the Act), to 10 yearst R. I. and a fine of Rs. one lakh and in default of payment of fine to further undergo 1 years R. I.

( 2 ) THE prosecution case, in brief, was that on Feb. 26. 1986, Shri Swaroop Singh, Station House Officer, Bheenmal, arranged a naka-bandi near the Neel Kanth Mahadev temple on Bheenmal Joojani Road. At about 12. 30 p. m. , a motorcycle P. N. Z. 2167 came from Joojani side. Accused Shantilal was driving the said motor-cycle. The Police party made a signal to stop the cycle but the accused did not comply. He took it into the kacha, where it stopped. The accused was apprehended. He had a canvas bag which contained opium in liquid form weighing 5 Kg. and 600 gms The opium was seized and sealed. A sample of 30 gms. was taken and sent for analysis to the State Forensic Science Laboratory, Rajasthan, Jaipur. On chemical examination, it was found to contain opium having 3. 4% morphine. After investigation the police filed a challan against the accused in the court of Munsiff and Judicial Magistrate, Bheenmal, who committed the case for Trial for the Court of Sessions.

( 3 ) THE accused was charged for the offences under sections 8/18 of the Act. He pleaded not guilty and claimed to be tried.

( 4 ) AFTER trial, the Sessions Judge, Jalore, by his judgment dated July 27, 1987, convicted and sentenced the appellant for the offence under section 18 of the Act to 10 years R. I. and a fine of rupees one lakh and in default of payment of fine to further rigorous imprisonment for one year.

( 5 ) AGGRIEVED by the aforesaid judgment of the learned Sessions Judge, Jalore, the appellant has filed the preilent appeal in this court.

( 6 ) I have heard Shri R. N. Bishnoi, learned counsel for the appellant and the Public Prosecutor for the State.

( 7 ) SHRI Bishnoi, learned counsel for the appellant has contended that Shri Swroop Singh, Station House Officer, Police Station, Bheenmal, had no authority to detain, search or arrest the accused as he was not a duly empowered officer as contemplated by section 42 of the Act. The incident, in the present case, took place on Feb. 26, 1936, and the notification, authorising the police officer, including the Station House Officers, as required by section 42 of the Act was issued by the Government for the first time on October 16, 1986. There is substance in the submissions made by the counsel for the appellant. This very question came up for consideration before this Court at two occasions. Honble V. S. Dave, J. , in Nand Lal v. State of Rajasthan1, elaborately considered the question and summed up the position of law as under: Thus, it is clear that police officers up to the rank of Inspector had no jurisdiction on the date of the occurrence i. e. on 23rd November, 1985 to investigate under section 42 of the Act and the: 1. 1987 Cr. L. R. (Raj.) 698. powers came for the first time on 16. 10. 86. Amanulla Khan who was author of the FIR and who was P. W. 1 stated that he searched the opium and took the accused in custody thereafter he was taken to the police station, was not even an officer of the rank of Inspector or Sub-Inspector. He was only a literate Head Constable who does not fall within the persons of the authorised category rather he has been excluded. Obviously for the person that the legislature has made the law so strict that anybody found guilty of offence under sections 8/18 or the Act has to undergo minimum sentence of 10 years and a fine of Rs. 1 lakh. When the gravity of the offence is so severe and the legislature in its own 11 wisdom excluded any investigation or search by a constable it cannot be appreciated that Amanulla did it rightly, TIJ have carefully gone through the cases