Excelsior Correspondent
JAMMU, Mar 30: 2nd Additional Sessions Judge Jammu, M K Sharma today discharged three accused namely Raj Kumar, Dharminder Sharma and Rajinder Singh from whom capsules were recovered, at the stage of framing charges.
After hearing Advocate Prince Khanna for the accused, 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 drugs 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 I of the NDPS Rules”, adding “as such recovery of the medicines from the possession of the accused does not fall under NDPS Act”.
With these observations, Court discharged the accused persons with liberty to the prosecution that they can prosecute the accused under Drugs & Cosmetics Act or any other law for the time being.
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