PANKAJ SHUKLA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Petitioner is a clearing and forwarding agent of M/s. Abott Healthcare Pvt. Ltd. and has valid licence to deal with various drugs including phensedyl cough syrup.

(2.) By a notification dated 10th March, 2016 the Central Government banned combinations of 344 fixed dose combination including combination of phensedyl cough syrup. Such notification according to the petitioner is the subject matter of challenge in Delhi and other High Courts. I am further informed that before the Delhi High Court the Union of India informed the said Court that instructions had been issued to the State authorities not to implement the said notification. Such information was also uploaded on the website of Drug Controller General of India.

(3.) Under such circumstances, the petitioner has sought a declaration that phensedyl cough syrup cannot be treated as a 'narcotic drugs' or 'psychotropic substance' or a 'manufactured drugs' under the Narcotic Drugs and Psychotropic Substances Act, 1985. Reliance is placed in that regard to Item No.35 of 159 the notification being SO826(E) dated 14.11.1985 issued by the Central Government as follows: