JUDGMENT :

L. Rath, J. - The question raised by the learned counsel for the petitioner is of considerable importance. It is his submission that an Assistant Sub-Inspector of Police not authorised under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') to effect arrest, conduct search or make seizure if does perform these acts and lodges the first information report at the police station basing on which a case is registered investigated by the officer-in-charge, and charge sheet is submitted, the cognizance taken by the Sub-Divisional Judicial Magistrate u/s 28 of the Act against the accused on the basis of the charge sheet and submission of the case to the Sessions Judge for trial are liable to be quashed. The Assistant Sub-Inspector of Police was performing patrolling duty on 19 4-1992 in the Brahmanipal weekly market during course of which he suspected the petitioner to be selling contraband Ganja in his show-stall and on coducting a search he seized 380 grams of Ganja in 23 small packets. He arrested the petitioner and finding commission of a cognizable case u/s 20 of the Act on preliminary investigation, sent the fi