Excelsior Correspondent
JAMMU, Feb 11: Additional Sessions Judge Jammu Deepak Sethi has discharged one person for the commission of offences punishable under Section 8/22 of Narcotics Drugs and Psychotropic Substances Act (NDPSA).
The accused Jugal Bali, son of Harbans Lal of Kalyanpur March was booked under NDPSA by Digiana Police after intoxicants were recovered from his possession at a checking point.
After hearing counsel for the applicant and Public Prosecutor, the court observed, “the occurrence as per the facts is of August 7, 2020 and on that day Etizolam was neither narcotic drug nor psychotropic substance specified in the schedule appended to the NDPS Act”, adding “it is apparent clear from the Gazettee of India dated March 23, 2021, Etizolan is included in the list of psychotropic substances”.
“I don’t think that the case is made out for charging the accused for the commission of offences under Section 8/22 of NDPS Act as the notification in question would be applicable prospectively and not retrospectively. Furthermore, it has been brought on record that the accused holds license to sell medicines”, the court said.
Accordingly, the court discharged the accused for the commission of offences punishable under Section 8/22 NDPSA.
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