Allahabad HC gives relief to some licence holders of cough syrup having codeine substance

Prayagraj, Dec 12 (PTI) The Allahabad High Court on Friday gave some relief to licence holders under the drugs and cosmetics law and fixed December 17 for hearing on the petitions in the matter of cough syrup having codeine substance.

The order was passed by a two-judge bench comprising Justice Siddhartha Varma and Justice Achal Sachdev hearing a bunch of petitions challenging the FIRs lodged at various police stations in Uttar Pradesh.

The counsel appearing on behalf of the petitioner argued that the case could not have proceeded under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) as the substance that has been alleged to have been dealt with by the petitioners was not a "manufactured drug" under the definition of Section 2(xi) of the NDPS Act.

He further submitted that according to the notification made in 1985 of the government of India issued under the NDPS Act, the substance that was being dealt with by the petitioner was covered under Clause 35 of the government order and according to it the substance was not a "manufactured drug".

He, therefore, submitted that if any prosecution had to be done of the petitioners, then the same ought to have been done under the Drugs and Cosmetics Act, 1940 and not under the Drugs and Psychotropic Substances Act, 1985 as the petitioners were licensees under that Act.

The court said, "However, since the learned counsel for the petitioners has stated that all the petitioners are willing to cooperate in the investigation, we provide that the investigation may continue, but the petitioners shall not be arrested till the next date of listing." "Needless to mention that as and when they are summoned, they shall definitely put in their appearance before the investigating officer. We have passed the above order on the assurance given by the learned counsel appearing for the petitioners," the court added. PTI COR RAJ KSS KSS