Take Immediate Action Against Online Sale Of Banned Drugs: Madhya Pradesh HC Orders Police, NCB
Despite the statutory ban, the petitioner highlighted that companies were still manufacturing and selling this banned combination.
The Madhya Pradesh High Court has issued an interim order directing police authorities, the Narcotics Bureau, and the Drug Controller to take immediate action against the wholesale manufacture and sale of banned drugs online.
The PIL specifically concerned the illegal sale of a fixed-dose combination drug containing Chlopheniramine Maleate, Codeine, and Menthol Syrup, which had been banned by the Central Government through a notification on June 2, 2023. The notification invoked Section 26A of the Drugs and Cosmetics Act, which empowers the central government to regulate, restrict, or prohibit the manufacture and sale of certain drugs in the public interest.
Despite the statutory ban, the petitioner highlighted that companies were still manufacturing and selling this banned combination, as well as other prohibited drugs, on online portals.
The Division Bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain held, “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 petitioner argued that the sale of these drugs through wholesale channels on platforms like Indiamart was widespread and continued without intervention. This open trade of banned substances was said to attract unemployed youth into the illegal drug business by making these contraband substances readily available.
Moreover, the petitioner pointed out that while law enforcement regularly registered cases against individuals caught selling these banned substances (such as bottles of the banned cough syrup or Tramadol tablets), no action was being taken against the manufacturers and suppliers of the contraband, despite the authorities having detailed information from seized goods.
In response, the State's counsel requested time to take further instructions and promised to assist the court at the next hearing.
The Court directed the police, Narcotics Bureau, and Drug Controller to take immediate and effective action against the companies involved in the wholesale sale of these banned drugs online.
The Court also mandated that a report on the actions taken be submitted by the next hearing, scheduled for February 13.
Cause Title: Amitabha Gupta v. Union Of India Health And Family Welfare Department & Ors.
Appearance:
Respondents: Advocates Sandeep Shukla and Anubhav Jain
