Take Action Against Companies Wholesaling Banned Contraband Drugs Online: Madhya Pradesh High Court Directs Police, NCB & Drug Controller

The Jabalpur Bench of Madhya Pradesh High Court in an interim order has directed the police authorities, narcotics bureau and Drug Controller to take immediate action against manufacture and sale of banned drugs on wholesale basis online. The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain observed, “Till further orders, the respondents/police and Narcotic Bureau as well as Drug Controller are directed to take immediate action against the owner/stake holder/management of the companies, who are selling banned contraband on wholesale basis through online portals like Indiamart and others.”The court passed the order in a Public Interest Litigation plea filed seeking compliance of the ban imposed by the Central Government prohibiting the manufacture for sale, or distribution for human use of drug or fixed dose combination of Chlopheniramine Maleate + Codeine + Menthol Syrup, imposed by the notification dated June 2, 2023 under Section 26A (Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest) of the Drugs and Cosmetics Act.The petitioner had filed an interim application in the PIL stating that despite being banned by statutory mandate, the aforementioned combination is being unabatedly manufactured by various companies and being sold openly in wholesale on online portal namely Indiamart and other online platforms.The petitioner in person submitted that not only the fixed dose combination of Chlopheniramine Maleate + Codeine + Menthol Syrup is being sold in the online wholesale market, other banned drugs are also being sold on the said websites. Despite knowing that the aforesaid Manufactured Drugs and Psychotropic substances are being openly manufactured and sold, the police and other agencies are not taking any action. It was submitted that due to illegal manufacturing of contraband and sale on wholesale basis which leads to easy availability of the contraband alluring the unemployed youth to indulge into the business of peddling. It was further submitted that almost every day police registers cases against such pedlers, who are mainly unemployed youth, illegally selling bottles of cough syrup containing the aforesaid fixed dose combination as well as Tramadol Tablets. Even though cases are registered against these pedlers, the police authorities do not implicate the manufacturers of these contraband despite knowing complete details from the seized contraband.The counsel for State sought time to take instructions and to assist the court by the next date of hearing.Thereafter, the court directed the respondents/police, Narcotic Bureau and Drug Controller to take immediate action against companies selling selling banned contraband on wholesale basis.“The action taken report shall also be filed before the next date of hearing.”, the Court said.The matter is listed for further hearing on February 13. Case Title: Amitabha Gupta vs. Union Of India Health And Family Welfare Department And Others, WP No. 27719 of 2024Click Here To Read/Download Order

Take Action Against Companies Wholesaling Banned Contraband Drugs Online: Madhya Pradesh High Court Directs Police, NCB & Drug Controller

Anukriti Mishra

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