Petitioners are the accused in Crime No.21/2018 of Excise Circle

Office, Neyyattinkara, now pending as SC No.428/2019 of the Additional

Sessions Court, Thiruvananthapuram.

2. The allegation of the prosecution is that on 13/8/2018, at about

2.15 a.m., 20 kgs of ganga was seized from the possession of the first

and second accused. Pursuant to further information revealed by

them, 5 kgs of ganga was seized from the possession of the 3^rd and 4^th

accused. Alleging that the accused have thereby committed offence

punishable under section 20(b)(ii)(C) of the NDPS Act, crime was

registered. Petitioners are in custody since 13/8/2018. They seek bail.

2. The learned counsel for the petitioners contended that the

Detecting Officer was the CI of Excise Circle, Neyyattinkara.

Investigation was taken over by the CI of Excise, Excise Enforcement

and Anti Narcotic Special Squad, Thiruvananthapuram, He completed

the investigation and laid the final report. The contention of the learned

counsel for the petitioners was that the above officer was not legally

competent to conduct the investigation and to lay the final report.

According to the petitioners, CI of Excise, Excise Enforcement and Anti

Narcotic Special Squad, was not authorized to investigate into the above

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crime, which was committed beyond his territorial limits. To support this,

the learned counsel relied on the decisions reported in Saji @

Kochumon v. State of Kerala(2010 (3) KLT 471) and Haridas v. State

of Kerala(2015 (1) KLT 958).

3. Opposing the above submissions, learned Public Prosecutor

invited my attention to SRO No.1514/85 dated 7/11/1985, by which the

Kerala Narcotic Drugs and Psychotropic Substances Rules 1985 came

into force with effect from 14/11/1985. It provides for Rules in relation

to the various matters under the NDPS Act. Later G.O.(MS)

No.15/88/TD dated 8/2/1988 was issued by the Government of Kerala

in relation to the re-deployment of the special Squads and Mobile

Squads constituted by the Excise Department. Para No.2 (i) of the

order shows that the Special Squad, Trivandrum was deployed to have

jurisdiction over Trivandrum. It was stated they shall function within the

division concerned. They shall also prevent and detect offences under

the Abkari Act and the Narcotic Drugs and Psychotropic Substances Act.

It was provided that, the Squad shall perform any other tasks assigned

to them, by the Assistant Excise Commissioner or any superior authority.

Under the Abkari Act 1077, Kerala SRO No.361/2009 dated 8/5/2009,

the Government had appointed certain officers and conferred them

jurisdiction to perform duties specified under the Act in the area

specified in the notification and to exercise duties assigned on Abkari

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officer under the Act. Clause c (12) provides that Assistant Excise

Commissioner(Enforcement) Assistant Excise Commissioner,(Excise

Intelligence and Instigation Bureau) Circle Inspector of Excise, Excise

Inspector attached to the Excise Circle Office, Excise Inspector in

charge of the Ranges, Excise Inspector of Excise Enforcement and Anti

Narcotic Special Squad, Excise Inspectors(Excise Intelligence and

Investigation Bureau), Assistance Excise Inspectors attached to Ranges

- to be Abkari Officers in relation to the functions assigned to them by

virtue of their respective post or designation, for the purpose of Sections

31,32,34,35,38,39 and 53 of the Abkari Act and to exercise all the

powers conferred and to perform all the duties assigned on Abkari

Officer under the above sections within their respective jurisdiction.

4. Consequently, the Assistant Excise Commissioner was

competent to entrust into the investigation with officers. It is seen that

in the case at hand, the Assistant Excise Commissioner had authorized

the CI Special Squad to conduct investigation in the above case. It is

clearly shows that CI was authorised to conduct investigation and also to

lay the charge. In the above circ