VIBHOR RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these Writ Petitions involve a common question i.e. whether Phensedyl New Cough Linctus Syrup is a Narcotic Drug and it comes within the purview of Narcotic Drugs and Psychotropic Substances Act (which will hereinafter be referred to as the NDPS Act''), therefore, both these Writ Petitions are being decided by a common judgment.

(2.) Heard Sri Gopal Swaroop Chaturvedi, learned Senior Advocate and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Nipun Singh, Shri Rishi Upadhyay, Sri Neelesh Ram Chandani and Sri Sumit Suri, Advocate learned counsel for the petitioner in Writ Petition No. 8403 of 2021 and Sri Navin Sinha, learned Senior Advocate assisted by Sri Raghav Dev Garg, Advocate, learned counsel for the petitioner in Writ Petition No. 8370 of 2021, Sri Ashish Pandey, Advocate, Special Public Prosecutor for Narcotic Control Bureau, Lucknow and Sri. Arunendra Kumar Singh, the learned A.G.A. for the State.

(3.) The petitioner in Writ Petition No. 8403 of 2021 is the sole proprietor of a proprietorship firm "G. R. Trading Company" (hereinafter referred to as the ''Company') having its office at Saharanpur, which has been granted a license under Rules 61(1) and 61(2) of the Drugs Rules, 1945. The petitioner's company deals in the distribution of various pharmaceutical drugs and it has entered into an agreement with M/S Abbott Health Care Pvt. Ltd., under which the company has been made a super distributor to distribute more than 300 pharmaceutical drugs manufactured by Abbott Health Care Pvt. Ltd.