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Recovery of Medicines does not fall under NDPS Act: Court
3/30/2015 11:13:21 PM
Early Times Report

Jammu, Mar 30: In a landmark order, 2nd Additional Sessions Judge Jammu MK Sharma discharged three accused namely Raj Kumar, Dharminder Sharma and Rajinder Singh from whom capsules were recovered at the stage of framing charge.
While discharing the accused person from the charges leveled against them, 2nd Additional Sessions Judge Jammu MK Sharma after hearing Adv Prince Khanna appearing for the accused observed that 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 fund mention in the schedule of the Act or in schedule I of the NDPS Rules, so 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 prosecution that they prosecute the accused under Drugs & Cosmetics Act or any other law for the time being. (JNF)
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