18 proceed since the conditions of Article 177 of the Code of Criminal Procedures had not been disproved. Finally, he once again ordered that the Health Director of the Province of Napo indicate if said Health Authority had the alleged drug seized from Mr. Acosta Calderón in deposit.43 50(36) On August 13, 1993 the National Council for the Control of Narcotic and Psychotropic Substances (hereinafter “CONSEP”) informed the Criminal Judge of Lake Agrio that the drug seized from Mr. Acosta Calderón was not found in the Northeastern Zonal Headquarters of the CONSEP.44 50(37) On August 13, 1993 the Judge of Criminal Matters of Lake Agrio ordered the closing of the preliminary proceedings since all the actions of that procedural stage had been complied with.45 50(38) On November 16, 1993 the Prosecutor abstained from accusing Mr. Acosta Calderón since the alleged drug seized no longer existed, reason for which his criminal responsibility was not present.46 50(39) On December 3, 1993, the First Court of Criminal Matters of Lake Agrio issued a ruling of provisional discontinuance of the cause, since the existence of the infraction could not be proven, and therefore the Mr. Acosta Calderón’s criminal responsibility did not exist. It also ordered that it be referred to the Supreme Court of Quito for their opinion “as ordered by law” established with the purpose of determining the legality of the mentioned ruling of provisional discontinuance.47 Despite the dismissal of the charges against him, Mr. Acosta Calderón continued to be imprisoned. 50(40) On July 22, 1994 the First Chamber of the Supreme Court of Quito revoked the ruling of provisional discontinuance of the cause and issued an order to commence the full trial against Mr. Acosta Calderón, ordering that the latter continue imprisoned, since he was considered the perpetrator of the crime he was charged with.48 The Court considered that the existence of the crime had been demonstrated through the report of the customs military police, the alleged weighing of the drugs at the Hospital of Lake Agrio and a memorandum of the Health Authority of the Province of Napo. This Court also stated that Mr. Acosta Calderón’s confession to the customs military police and 43 Cfr. ruling of July 15, 1993 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 168). 44 Cfr. official letter of August 13, 1993 addressed by the National Council for the Control of Narcotic and Psychotropic Substances (CONSEP) to the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 170). 45 Cfr. ruling of August 13, 1993 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 171). 46 Cfr. opinion of November 16, 1993 presented by the Prosecutor to the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 174). 47 Cfr. ruling of provisional discontinuance of December 3, 1993 issued by the Criminal Judge of Lake Agrio (dossier of annexes to the petition, annex 10, leaf 179-180). 48 Cfr. ruling of reversal of the provisional discontinuance and of opening of the full trial of July 22, 1994 issued by the First Chamber of the Supreme Court of Quito (dossier of annexes to the petition, annex 10, leaf 183).