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This is an archive article published on August 9, 2010

Drug seized not covered by Act,court acquits 3

A special NDPS court has acquitted three persons,including two Nigerian nationals arrested for possession of vials of Fortwin injections containing Pentazocine...

A special NDPS court has acquitted three persons,including two Nigerian nationals arrested for possession of vials of Fortwin injections containing Pentazocine,after it was observed that the seized substance is not covered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

According to the prosecution,on October 28,2004,the Narcotics Control Bureau had nabbed the two Nigerians — Ezeigwe Sunday John and Ezeilo Ejike Anthony—- from the city’s international airport as they were to fly out to Lagos. The NCB sleuths had said they recovered 17,976 ampoules of Fortwin injections containing Pentazocine,a narcotic substance and 1,033 empty cartons of Fortwin vials from their suitcases. The duo claimed to have purchased the substance from one Pradeep Dhond for $1900.

However,defence lawyer Ayaz Khan argued that since the substance was found in injection form,it is covered under the exception to NDPS Act,which states substances manufactured for medicinal and scientific purposes are excluded from the Act.

The court while acquitting Dhond accepted his argument that he was never in possession of any contraband substance.

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