JAMMU: While discharging accused from the case of NDPS, 2nd Additional Sessions Judge Jammu M.K Sharma on Friday in a significant order observed that recovery of medicines from the possession of the accused does not fall under this Act.
This order has been passed in a challan presented by the Stawari Police station against Raman Kumar, son of Surjeet Singh, resident of Govind Pura, Jammu from whose possession 450 capsules of Provon Spas were recovered from a polythene bag lying in boot space of scooter. On this police registered a case and after completion of the investigation presented challan.
While dealing with charge-sheet and after hearing Advocate Sachin Dogra appearing for the accused, the Judge observed that in view of the definition of ‘Narcotic Drugs’ and ‘Psychotropic Substance’, as contained in the Act, it is not in dispute that the drugs recovered from the accused are not included in the definition of Narcotic Drugs nor they find 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.
Court after considering both the sides observed that there is 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.