Court acquits Rampal in drug case, says ‘prosecution miserably failed’

Hisar: Observing that the “prosecution has miserably failed to prove its case against the accused,” additional district and sessions judge Ved Parkash Sirohi on Monday acquitted self-styled godman Rampal and three others in a case of the Drug and Cosmetic Act in which drugs department team had recovered 134 types of medicine.
Among those acquitted, Bijender and Baljeet are on bail while Rampal and Rajender are in judicial custody now.
Dr Om Prakash Hooda, in-charge of primary hospital of Satlok Ashram, retired civil surgeon from Haryana health department and one of the accused of the case had died during trial while two accused Shahi Prabha and Krishan had already been declared proclaimed offender four years back.
On March 10, 2016, the drug controller officer (DCO) filed this case in the Hisar court. On November 28, 2014, a team of DCO Raman Kumar and Rajnish Dhaniwal and others had visited the primary hospital of Satlok Ashram and found 134 types of medicine there. After this, they had again visited Satlok Ashram on December 23, 2014 with Dr Om Prakash Hooda and he had failed to produce any licence for drug selling.
Discrepancies in prosecution case leads to acquittal
The court observed that “the prosecution has not placed on file any site plan to pin point place of recovery. Notice was only issued to accused Dr Om Parkash Hooda and no notice with regard to recovery of any drugs from the premises was ever issued to remaining accused. Therefore, there are inherent lacuna and discrepancies in the prosecution case which lead to the acquittal of the accused”.
No evidence to prove drugs are for sale
The court observed: “No doubt, 134 types of allopathic drugs were recovered from ‘primary hospital’ at Satlok Ashram, Barwala by the investigation team. Neither any doctor was found practicing in the premises in question at the time of inspection nor any prescription slip/OPD slip and receipt of sale has been recovered by the police. No patient came forward to depose before the court who took treatment from the said ‘primary hospital’. There is absolutely no evidence on file to prove that the recovered drugs were meant for sale and distribution. Thus, as per settled proposition of law, mere possession of drugs simply is not an offence.”
Drugs already recovered by police
In the judgment, the court said, “The accused were in custody since November 20, 2014 and the team of drugs department visited Satlok Ashram on November 28, 2014 and made inventory of drugs only. The drugs had already been recovered by the police. As per a letter dated November 24, 2014, the Hisar superintendent of police has informed the deputy commissioner, Hisar that there exists a hospital in Satlok Ashram, Barwala and a huge quantity of medicines and medical equipment have been found. Thereafter on 28.11.2014, team of Drugs Department visited the premises in question and made inventory of drugs. No one was there in Satlok Ashram, Barwala except security forces. Thereafter, a team of drugs department again visited the premises in question on December 23, 2014 and allegedly recovered medicines in the absence of the accused. The prosecution has, thus, failed to prove that who brought medicines in the premises in question alleged to have been recovered by them on December 23, 2014.
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