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4. Learned counsel for the petitioner would submit that as per the table furnished in the notification issued by the Ministry of Finance, Department of Revenue, in exercise of the powers conferred by clauses (viia) and (xxiiia) of Section 2 4 CMR, J.

of the NDPS Act, dated 16.07.1996, at serial number 55, Ganja of 1000 gms is to be considered as small quantity. Therefore, he would submit that the facts of the case at best attract the offence punishable Section 20(b)(ii)(A) of the NDPS Act as the total quantity of Ganja involved in this case is only small quantity and facts of the case do not attract the offence punishable under Section 20(b)(ii)(C) of the NDPS Act, which pertains to commercial quantity. Therefore, learned counsel for the petitioner would submit that as the offence under Section 20(b)(ii)(A) of the NDPS Act relating to small quantity of Ganja is punishable with one year imprisonment or with fine which may extend to ten thousand rupees or with both that the present case is amenable to Section 41A Cr.P.C and thereby prayed to order for issuance of notice under Section 41A Cr.P.C to the petitioner without touching the merits of the case. Thus, learned counsel for the petitioner has confined his request in the Criminal Petition only to order notice under Section 41A Cr.P.C.

5. Learned Additional Public Prosecutor would submit that since the F.I.R is registered for the offence punishable under Section 20(b)(ii)(C) of the NDPS Act and as the said offence is punishable with imprisonment for a term not less than ten years and which may extend to twenty years and also liable for fine that the present case is not amenable to Section 41A Cr.P.C. He would also contend that Section 41A Cr.P.C cannot be applied to an offence punishable under the special 5 CMR, J.

Cr.P.C. is applicable to the offences punishable under special enactment i.e. NDPS Act or not.

13. Learned Additional Public Prosecutor vehemently contended that the procedure contemplated under Section 41A Cr.P.C cannot be applied to the offence under special enactment. No doubt, the NDPS Act is a special enactment. But there is nothing in NDPS Act which excludes application of the provisions of Cr.P.C relating to arrest and also the procedure contemplated under Section 41A Cr.P.C to the offence under the special enactment i.e. NDPS Act.

18. In fact, even in the judgment of the Delhi High Court, which is relied on by the learned Additional Public Prosecutor in Vakamulla Chandrashekar Vs. Enforcement Directorate1, while dealing with the legal position whether the procedure contemplated under Section 41A Cr.P.C can be 12 CMR, J.

made applicable to an offence registered under the PMLA, the Delhi High Court clearly held that there is nothing in the special enactment to exclude the application of the provisions of Cr.P.C and also procedure contemplated under Section 41A Cr.P.C and thereby ordered that the authorities concerned under the PMLA shall adhere to the guidelines under Sections 41 and 41A Cr.P.C. Therefore, the ratio laid down in the above judgment is more in favour of the petitioner herein and it is against the contention raised by learned Additional Public Prosecutor that benefit of the procedure contemplated under Section 41A Cr.P.C cannot be made applicable to the offence under the special enactment.