Shivani Gadhavi –
Published On: December 1, 2021 at 20:40 IST
The Allahabad High Court passed an order to register a case against police officers (seizing party) who seized 1540 bottles of cough syrups and alleged the cough syrup to be a ‘Psychotropic Substance’.
The Single-Judge Bench of Justice Pankaj Bhatia after its examination of the First Information Report (FIR) stated that the seizure of the cough syrup bottles and the arrest of the accused can clearly be seen as misuse of powers by the authorities.
The order stated, “In the FIR, it was alleged that the goods were apprehended and the accused were arrested on the ground that the medicine was fake medicine and on consumption thereof, it can cause damage to the public health. In sum and substance, the main contention was that the medicine being carried out were fake medicine. On the wrapper of the medicine seized, it was mentioned “Chlorpheniramine Maleak and Codeine Phosphate Syrup (max coff).”
The complaint was filed on the basis of the aforementioned facts and solely arguing on the statement that consumption of codeine can cause intoxication and a case was registered against the accused under Sections 8/21/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Justice Pankaj Bhatia stated in the order, “The said argument is fallacious and deserves to be rejected outrightly as the number of bottles seized were 1540 which contained 100 ml medicine in each bottle which were manufactured in terms of the license, being termed as commercial quantity needs to be reprimand by this Court.”
The Court in the case of Ajay Bajpai Vs State of U.P. granted bail to the accused and ordered to register a case against the respondents under Section 58(1)(b) of the NDPS Act.