Early Times Report
Jammu, Aug 18: Second Additional Sessions Judge, Jammu, M K Sharma has discharged Abdul Hamid, son of Elam Din, who was booked by police in a NDPS case, of Sunjwan near Bathindi here at the stage of framing charge against him. According to the police case, a police naka party on November 26, 2014 stopped a Zen car (JK02F/5185) coming from Sunjwan side at Bathindi Morh, which was being driven by the accused, for checking. 18 bottles of corex of 100 ml each were allegedly recovered from the car by police. On the basis of a docket prepared by ASI Sadiq Hussain, in-charge naka party, received at Bahi Fort Police Station for the commission of offences punishable under section 8/21/22 of NDPS Act, a case was registered and investigation commenced. On conclusion of the investigation, police filed the charge-sheet against the accused. The judge, after hearing the counsel for the accused, observed that police recovered 18 bottles of corex from the accused. As per the labels on the seized bottles, the content in the bottles contained codeine phosphate which is a prohibited contraband as per NDPS Act. The police did not draw sample from the seized bottles of drug nor sent the sample for chemical analysis to establish that the seized bottles of drug contained codeine phosphate to establish commission of offences punishable under section 21/22 of NDPS Act. Under NDPS Act, the chemical analysis of the seized contraband is must. In the absence of report of chemical analysis, the police report under section 173 of CrPC presented in the court, even if presumed to be correct, cannot bring home guilt against the accused for the commission of offences punishable the NDPS Act. The court after considering the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution on this behalf, I am of the opinion that there is no sufficient ground for proceeding against the accused. The accused is accordingly discharged. However, the prosecution is at liberty to prosecute the accused under the Drugs & Cosmetics Act or any other law for the time being in force. (JNF) |
