STATE TIMES NEWS
JAMMU: In a much publicized Narwal Narcotics Case, 1st Additional Sessions Judge Jammu Mohd Akram Friday discharged two accused namely Rajvir Singh and Sameer Mir at the stage of framing charges. According to police accused Rajvir Singh and Sameer Mir had been chargesheeted by this Court for the commission of offences punishable under sections 8/21/22 NDPS Act in a case arising out of FIR No. 51/2016 registered at P/S Bahu Fort , with the accusation that 6504 Capsules of Spasmo Proxyvon Plus and 75 bottles (100 ml each) of Onerex had been recovered from their possession on search of the vehicle bearing Registration No. JKO2AL-2298 on 07.03.2016 at Narwal Chowk, Naka Point by the police party from Narwal Police Post.
On recovery of 6504 capsules and the Onerax , a case was registered at Police Station Bahu Fort vide FIR No. 51/2016 and during investigation , samples drawn from the seized material were sent to Forensic analysis and as per the Forensic report, Tramadol Hydrochloride was found in the capsules, whereas Codeine Phosphate was found in Onerax. As such, instant chargesheet was concluded against the accused for the commission of offences punishable under sections 8/21/22 NDPS Act and the charge sheet was led which was assigned.
1st Additional Sessions Judge Jammu Mohd Akram after carefully gone through the file and the NDPS Act observed that the definition of ‘ Narcotic Drug’ and ‘ Psychotropic Substance’, as contained in the Act, it is not in dispute that the drugs ‘Tramadol Hydrochloride, ‘Dicylomine Hydrochloride’ and ‘ Acetaminophe’ which were detected in capsules recovered from the accused are not included in the definition of Narcotic Drug nor they find mention in the schedule of the Act or in schedule 1 of the NDPS Rules. Now, coming to ‘ Codeine Phosphate’. As per the label affixed to each seized bottle of Corex, the bottle contains ‘ Codeine Phosphate’ in the ratio of 10mg per 5 ml i.e. 10mg per dosage unit, which is 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 are taken at their face value to be true, no offence under section 8 read with section 21 of the NDPS Act is made out against the accused. The accused are 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.
