Bhopal: Opium is a banned narcotic. Still, its use in some quantities is approved for the manufacture of medicines. But in some medicines, opium is being used in more than the standard quantity. These medicines are easily available in the market without a doctor’s prescription. Recently, such a case has come to light from Rewa, in which cough syrup worth lakhs of rupees were seized and action was taken against the accused under the NDPS Act. Pharmaceutical companies always remain untouched by such action. Now this case has been filed for hearing in the High Court through a PIL.
To save the youth from this addiction, advocate Amitabh Gupta has filed a PIL in the High Court. In which the issue has been raised that even after the ban imposed by the Central Government, medicines made from some compositions are easily available in the market without a doctor’s prescription. The amount of opium in the mixture used in the manufacture of these medicines is being used as a narcotic substance among the youth. He told that the petition is not being filed against any order but its purpose is to ensure strict, meaningful and regularly monitored compliance of the ban imposed by the Central Government.
Collusion between drug controller and companies
Recently, cough syrup worth about Rs 2 lakh was seized in Rewa district which was being bought from a single drug dealer and was being taken for illegal sale. It is also an important part of the drug controller’s responsibility to check medical stores including drug sellers from time to time so that it can also be ascertained from their stock register that which medicines they are buying in large quantities for which a doctor’s prescription is necessary. For example, if a drug dealer has to buy goods worth Rs 10 lakh from a company in a month and in that there is such a banned medicine worth Rs 8 lakh. Then this seller should immediately come on the radar of the drug controller. But if action is taken by the drug controller on this, then the drug manufacturing company may have to suffer a huge loss. Therefore, it is alleged that the manufacturing companies collude with the drug controller and the result is that such medicines are easily available in the market in large quantities. These medicines are sold without a doctor’s prescription at a price higher than the MRP.
Sale of medicines made from some compositions is banned
In fact, by notification dated 2 June 2023 under section 26A of the Drugs and Cosmetics Act 1940, the Central Government had banned the manufacture, sale and distribution of fixed dose adjustments of Chlorpheniramine Maleate and Codeine Syrup for human use. Apart from this, in its issued notification, the sale of medicines prepared from some other compositions has also been banned.
Violation of NDPS rules
Section 2(xi) of the NDPS Act defines manufactured drugs to include drugs derived from opium. Section 2(xvi) of the NDPS Act defines opium derivatives. According to section 2(xvi)(c) of the definition, codeine is also an opium derivative. Manufacturing, possession and sale of manufactured drugs such as codeine in violation of the NDPS Act is punishable with severe penalties.
Notice issued by High Court
The case has been filed for hearing on September 23 in the division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf and notice has been issued to the concerned respondents in the case and they have been ordered to submit their reply report within four weeks. The next hearing in this case will be on October 22.
