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A valid authorisation under Rule 58 of NDPS Rules 1985 is needed for obtaining export permit of medicines: High Court of Delhi

An application for an excise permit from the State Government under Rule 58 NDPS Rules 1985 is required for obtaining export permit of medicines and in absence of this specific authorization, there would be a violation of Section 8(c) NDPS Act. The drug license issued under Form No. 20 & 20B and 21 & 21B under the Drugs and Cosmetics Rules 1945 only authorises the sale and distribution of medicines domestically and locally and the same was upheld by High Court of Delhi through the learned bench led by Justice Subramonium Prasad in the case of YASHPAL SINHMAR vs. NARCOTICS CONTROL BUREAU [BAIL APPLN. 4170/2021] on 16.02.2022.

The facts of the case are that petitioner is the sole Proprietor of Ethical Enterprises. A secret information was received by the NCB that a package containing psychotropic substances was to be dispatched from DHL Express Pvt. Ltd. A team got constituted and after collecting field-testing kit, they left for the destination. On reaching DHL Express, a carton covered with white colored plastic and sealed with yellow tape of DHL was discovered. During inspection of the carton, a copy of invoice, doctor’s prescription, slip of medicine and the Aadhar Card of the Petitioner herein, who was the sender of the consignment, was found and the package was being sent to Myanmar.

In the presence of independent witness, the carton was opened and two separate bundles of medicines which were wrapped with a rubber band were found in it. Notice under Section 67 of the NDPS Act was served on the Petitioner and his statement was recorded. He was arrested.

The Petitioner’s counsel submitted that the Petitioner runs a sole proprietorship business in the name and style as M/s Ethical Enterprises and holds a valid drug license issued under Form No. 20 & 20B and 21 & 21B under the Drugs and Cosmetics Rules 1945 and is authorized to sell, stock, exhibit, offer for sale and distribute various medicines specified under schedule H & H1 of Drugs and Cosmetics Rules.

The respondent’s counsel submitted that a consignment containing 50 strips of Tramadol tablets was booked by the Petitioner for exporting to Myanmar and pursuant to which, investigation was conducted at the shops of the Petitioner where 130gms of Tramadol and 50.5 grams of Clonazepam was recovered. He submitted that the Petitioner did not produce a single bill or invoice to justify his possession of these medicines and in absence of a valid bill the same would be viewed as a contravention of the NDPS Act.

The bail application of the Petitioner was dismissed by the Ld. ASJ by stating that the Petitioner was selling and exporting medicines without a proper authorization under the NDPS Rules 1985.

The Court observed, “A valid authorisation under Rule 58 of NDPS Rules 1985 is needed. An application for an excise permit from the State Government under Rule 58 NDPS Rules 1985 is required for obtaining export permit. In absence of this specific authorization, there would be a violation of Section 8(c) NDPS Act. The drug license issued under Form No. 20 & 20B and 21 & 21B under the Drugs and Cosmetics Rules 1945 only authorizes the sale and distribution of medicines domestically and locally.”

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Judgment reviewed by – Shristi Suman

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