FIR under Drugs & Co
Excelsior Correspondent
JAMMU, Dec 18: CJM Jammu Amarjeet Singh Langeh, while taking serious note of registering of the case in Drugs & Cosmetics Act instead of NDPSA, has sought explanation from the then SHO RS Pura.
After perusal of the file, CJM observed, “a communication addressed by then SHO Police Station R S Pura to Deputy Drug Controller Muthi, Jammu dated 18.10.2016 depicts that the patrolling party of the Police Station R.S Pura rounded up accused and on their personal search 60 capsules of CLAVIDOL-50 and 50 tablets of ALPAZ were allegedly recovered from their possession”.
“This communication would also reflect that the two accused were taken to Police Station for further questioning. At the same time, a request was made to Deputy Drug Controller Muthi, Jammu for further necessary action at his end by SHO Police Station R.S Pura. When the Drug Inspector present in the court was confronted with the contents of the communication, he stated that ALPRAZOLAM salt in ALPAZ-0.5 is a psychotropic substance and therefore penal provisions of NDPS Act are also attracted once such psychotrophic substance is recovered from possession of an individual”, the court observed.
“If this be the position in law, it then is both astonishing as also un-fathomable as to how SHO Police Station R.S Pura did not proceed ahead under the NDPS Act by registration of formal FIR in the case once drug was initially recovered by him from accused”, the court said, adding “there is no denying the fact that drug peddling and its abuse amongst youth is on alarming rise in Jammu and SHO concerned ought to have proceeded ahead in a manner that not only conformed with his duty but also the provisions of NDPS Act”.
“SHO Police Station R S Pura owes an explanation in this regard as to why he did not proceed ahead in the matter in accordance with law and in terms of provisions of NDPS Act”, the court said and directed that a copy of this order shall go to SDPO R.S Pura who shall ensure that then SHO Police Station R.S Pura who was posted there on 18.10.2016 tenders an explanation to this court through him so that appropriate orders in the matter can be passed thereon.
“In the meantime, SDPO R.S Pura would be at liberty to proceed in the matter after giving thoughtful consideration to the facts of the case in hand as have been brought to the notice of the court”, the CJM said.
smetics Act instead of NDPSA
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