JAMMU, Jan 8: 2nd Additional Sessions Judge Jammu M K Sharma has held that recovery of medicines does not fall under Narcotics Drugs and Psychotropic Substances Act.
This order has been passed in a challan presented by the Satwari Police against Raman Kumar, son of Surjeet Singh of Govind Pura from whom 450 capsules of Provon Spas were recovered.
After hearing Advocate Sachin Dogra appearing for the accused person, 2nd Additional Sessions Judge observed, “in view of the definition of ‘Narcotic Drug’ 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 Drug 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 NDPS Act”, the court said, adding “there is no sufficient ground for proceeding against the accused”.
Accordingly, the accused was 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 said.
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