The Calcutta High Court has held that codeine-based cough syrup Phensedyl can be considered as narcotic substance falling under the purview of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)..Phensedyl cough syrup is used for cough, common cold, itchy throat and skin, etc. It contains Codeine phosphate, which is a narcotic drug and causes addiction when used in large quantities over a period of time..Codeine has become a popular alternative for alcohol and has been in news for being smuggled and abused by people on several occasions for the intoxicating properties it possesses. Codeine is a prohibited substance which finds mention in Section 2 of the NDPS Act..The decision to treat Phensedyl as covered by NDPS Act was held in an order by a two-judge Bench comprising Justices Moushumi Bhattacharya and Joymalya Bagchi while hearing a bail plea..The petitioner in this case was found to be in possession of 600 bottles of Phensedyl. It was the argument of the petitioner that Phensedyl does not come under the purview of the NDPS Act and that the same comes under the purview of the Drugs and Cosmetics Act..The Bench held that the petitioner was found in illicit possession of the syrup which contains codeine and that the Drugs and Cosmetics Act does not bar the provisions of the NDPS Act to operate..The bench cited Section 80 of NDPS Act which reads as follows:-.“Application of the Drugs and Cosmetics Act, 1940 not barred.- The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.”.The Court found that the petitioner was in possession of the Phensedyl above the commercial quantity and he was not even a dealer of drugs under the Drugs and Cosmetics Act..The Bench also distinguished the Delhi High Court judgment in Pfizer Limited v. Union of India and, thus, declined any relief to the petitioner..Read the order below.
The Calcutta High Court has held that codeine-based cough syrup Phensedyl can be considered as narcotic substance falling under the purview of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)..Phensedyl cough syrup is used for cough, common cold, itchy throat and skin, etc. It contains Codeine phosphate, which is a narcotic drug and causes addiction when used in large quantities over a period of time..Codeine has become a popular alternative for alcohol and has been in news for being smuggled and abused by people on several occasions for the intoxicating properties it possesses. Codeine is a prohibited substance which finds mention in Section 2 of the NDPS Act..The decision to treat Phensedyl as covered by NDPS Act was held in an order by a two-judge Bench comprising Justices Moushumi Bhattacharya and Joymalya Bagchi while hearing a bail plea..The petitioner in this case was found to be in possession of 600 bottles of Phensedyl. It was the argument of the petitioner that Phensedyl does not come under the purview of the NDPS Act and that the same comes under the purview of the Drugs and Cosmetics Act..The Bench held that the petitioner was found in illicit possession of the syrup which contains codeine and that the Drugs and Cosmetics Act does not bar the provisions of the NDPS Act to operate..The bench cited Section 80 of NDPS Act which reads as follows:-.“Application of the Drugs and Cosmetics Act, 1940 not barred.- The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.”.The Court found that the petitioner was in possession of the Phensedyl above the commercial quantity and he was not even a dealer of drugs under the Drugs and Cosmetics Act..The Bench also distinguished the Delhi High Court judgment in Pfizer Limited v. Union of India and, thus, declined any relief to the petitioner..Read the order below.