Early Times Report
Jammu, June 17: 1st additional sessions judge, Jammu, Mohammad Akram today discharged two alleged narco-smugglers at the stage of framing charges against them.
According to police case, Rajvir Singh and Sameer Mir had been chargesheeted by this court for the commission of offences punishable under section 8/21/22 of NDPS Act in a case registered against them at Bahu Fort police station. 6504 capsules of Spasmo Proxyvon Plus and 75 bottles (100 ml each) of Onerex were said to have been recovered from their possession on search of their vehicle (JKO2AL/2298) on March 7, 2016 at Narwal Chowk.
The judge, after carfully gone through the file and the NDPS Act, observed that the definition of narcotic drug and psychotropic substance as contained in the Act is not in dispute that Tramadol Hydrochloride, Dicylomine Hydrochloride and Acetaminophe which were detected in the seized capsules were not included in the definition of narcotic drug nor they find a mention in the schedule of the Act or in schedule 1 of the NDPS rules. As per the label on each seized corex bottle, it contained Codeine Phosphate in the ratio of 10 mg per 5 ml, ie 10mg per dosage unit, which was permissible in view of entry No 35 of the notification. In other words, it does not fall within the ambit of manufactured drug. So, the recovery of medicines from the possession and even if all the allegations contained in the chargesheet and the documents filed therewith were taken at their face value to be true, no offence under section 8 read with section 21 of the NDPS Act was made out against the accused, he said.
"The accused are accordingly discharged," he ordered.
However, the prosecution was at liberty to prosecute the accused under Drugs & Cosmetics Act or any other law for the time being in force, he said. |
