The Allahabad High Court has issued notice to the Uttar Pradesh government, seeking its response within six weeks on a petition seeking stay on arrest of a businessman and a pharmacist under the Narcotic Drugs and Psychotropic Substances Act, 1985.
The Division Bench of Justice Mahesh Chandra Tripathi and Justice Gajendra Kumar further stayed the arrest of the proprietors of Shree Ji Traders and Shree Ji Pharma.
An FIR was registered against them at Gida police station in Gorakhpur.
The writ petition was preferred by Amit Goyal and another for quashing of FIR dated August 7, 2022 registered as case under Sections 8, 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 353 of IPC at Police Station Gida, District Gorakhpur and for a direction to the respondents not to arrest the petitioners in pursuance of the aforesaid FIR.
Submission of the counsel for the petitioner is that the petitioner no1 (Amit Goyal) is the proprietor of a firm, namely, Shree Ji Traders, which trades in papers.
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The Petitioner no 2 is the proprietor of a firm, namely, Shree Ji Pharma, which is a pharmaceutical distribution firm, registered with the GST department and also has a certificate under the Drugs and Cosmetics Rules.
The Senior Counsel submitted that Phensedyl Cough Syrup is neither a narcotic drug nor a psychotropic substance under the NDPS Act, 1985.
He further placed reliance upon the judgment passed by this Court in Vibhor Rana Vs Union of India, decided on December 24, 2021, wherein it has been held that the Phensedyl New Cough Linctus Syrup is neither a Narcotic drug nor is it a psychotropic substance, hence, it is submitted that it does not fall within the purview of the NDPS Act.
He has also placed reliance upon the interim order dated August 23, 2022 passed in Criminal Misc Writ Petition (Amit Goyal and Another Vs State of UP and 3 others), wherein the Court has already granted indulgence to the petitioners till the next date of listing.
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He submitted that in the aforesaid matter, till date, no police report under Section 173(2) CrPC has been submitted.
The Court observed that the matter requires consideration.
The Court has granted six weeks’ time to the respondents to file counter affidavit and the petitioners shall have one week thereafter for filing rejoinder affidavit.
“Till the next of listing, the respondents are restrained to arrest the petitioner subject to cooperation in the ongoing investigation pursuant to the said FIR”
-the Court ordered.
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