Excelsior Correspondent
JAMMU, Sept 13: 2nd Additional Sessions Judge Jammu VS Bhou today discharged Vikram Kheer, chemist by profession, who was booked under NDPSA, at the stage of framing of charges.
The chemist while driving vehicle bearing registration No JK02AX8118 was intercepted by the police at Domana and was found in possession of 20,000 tablets of Tramore-50 and accordingly a case was registered against him under NDPSA.
After hearing Advocate Rohit Lega for the accused person, the court observed, “in view of the definition of Narcotic Drug and Psychotropic Substance as contained in the Act, it is not in dispute that the drug recovered from the accused was not included in the definition of Narcotic Drug nor it found mention in the schedule of the Act or in Schedule of the NDPS Rules”.
“So, the recovery of medicine from the possession of accused did not fall under the NDPS Act at the relevant point of time because Tramadol was included in the Schedule of the NDPS Act by virtue of Notification No. 1587 dated 26.04.2018. Further, accused possesses a valid chemist licence and he has purchased the drug from Jammu & Kashmir Traders Sainik Colony, Jammu against a cost of Rs 13,020 and while he was on his way to his business establishment he was intercepted by the police and arrested”, the court further observed, adding “there was no occasion for him to enter the drugs on the register and maintain sale record thereof”.
“There is no sufficient ground for proceeding against the accused, as such, he is accordingly discharged for the commission of alleged offence. However, the prosecution is at liberty to prosecute him under the Drugs and Cosmetics Act or under any other law for the time being in force”, the court said.
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