Early Times Report
Jammu, Jan 8: Second Additional Sessions Judge, Jammu, M K Sharma, while discharging the accused, today held that recovery of medicines from his possession "does not fall under NDPS Act".
The court directive came in a challan presented by Stawari police against Raman Kumar, son of Surjeet Singh of Govind Pura, Jammu, from whose possession 450 capsules of Provon Spas were recovered. He was carrying these capsules in his scooter.
Police registered a case against him and presented challan in the court after the completion of investigation.
The judge observed that in view of the definition of 'Narcotic Drug' and 'Psychotropic Substance', as contained in the Act, it was not in dispute that the drugs recovered from the accused were not included in the definition of Narcotic Drug nor they found place in the schedule of the Act or in schedule I of the NDPS Rules. "So, the recovery of medicines from the possession of the accused does not fall under the NDPS Act," he said.
After hearing the two sides, the court observed that there was no sufficient ground for proceeding against the accused. The accused is accordingly discharged. However, prosecution is at liberty to prosecute the accused under the Drugs & Cosmetics Act or any other law for the time being in force, the court ordered. (JNF) |
