Excelsior Correspondent
JAMMU, Aug 18: 2nd Additional Sessions Judge Jammu, M K Sharma discharged one Abdul Hamid, a resident of Sunjwan, who was booked by the police in NDPS case, at the stage of framing charge.
After hearing Advocate Sumit Khajuria appearing for the accused, 2nd Additional Sessions Judge observed that the police recovered 18 bottles of ‘Corex’ from the accused and as per the labels on the seized bottles, the contents contained ‘Codeine Phosphate’ which is a prohibited contraband as per NDPS Act.
“The police did not draw sample from the seized bottles of drug nor sent the sample for chemical analysis to establish that the seized bottles of drug contained ‘Codeine Phosphate’ to establish commission of offences punishable under Section 21/22 NDPS Act”, the court said, adding “under NDPS Act, the chemical analysis of the seized contraband is must. In the absence of report of chemical analysis, the police report under Section 173 CrPC presented in the court, even if, presumed to be correct, cannot bring home guilt against the accused for the commission of offences punishable under 8/21/22 NDPS Act”.
After considering the record of the case and the documents, the court observed, “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”.
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