Codeine Syrup 'Racket' | Allahabad High Court Grants Interim Relief To Alleged Kingpin, Other Co-Accused In NDPS Act FIR

Last week, the Allahabad High Court granted an interim stay on arrest to the alleged kingpin, Shubham Jaiswal and a few other co-accused in connection with an FIR lodged under the Narcotic Drugs and Psychotropic Substances Act, 1985, concerning the suspected Codeine Cough Syrup Racket. Various persons, including Shubham Jaiswal, approached the High Court under Article 226 of the Constitution of India seeking quashing of FIRs lodged against them under Sections 8, 21 & 25 of the NDPS Act for alleged sale-purchase of codeine-based cough syrups for the purposes of intoxication and without maintaining proper documentation for the same. It has been pleaded that the investigation is without jurisdiction as the provisions of the NDPS Act do not apply in the case of codeine-based cough syrups since the same are neither a narcotic drug nor a psychotropic substance. The petitioner submitted that Phensedyl Cough Syrup, manufactured by Abbott Health Care Pvt. Ltd., is a Schedule 'H1' drug defined under D & C Rules. Phensedyl contains "Codeine" (about 0.2%), which, in isolation, would be a Narcotic Substance. Further, it has been argued that under the Notification issued under Section 2(xi)(b) dated 14.11.1985 (Serial No. 35) issued by the Central Government in the Official Gazette, extracted above, a dilution or preparation with a specified limit of Codeine per dosage unit cannot be considered to be a 'manufactured drug'. It thus follows that if provisions of Section 2(xiv), and 2(xi)(b) are considered in context of notification dated 14.11.1985, it has to be concluded that codeine-based cough syrups, per se would not be a "Narcotic drug" or "Manufactured Drug”. Since time was short for respondents to make their submissions, the bench of Justice Siddhartha Varma and Justice Achal Sachdev observed thus: "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". The Court also noted that the petitioners shall appear before the Investigating Officers as and when called. The cases are next listed on 17th December. Mr Nipun Singh, Senior Advocate, assisted by Mr Naman Agrawal and Mr Vivek Chaturvedi, appeared for the petitioners.

Codeine Syrup 'Racket' | Allahabad High Court Grants Interim Relief To Alleged Kingpin, Other Co-Accused In NDPS Act FIR

Upasna Agrawal

Tags