NDMA decries ‘unlawful arrest’ of member under NDPS Act

Dimapur, March 28 (MExN): The Nagaland Medicine Dealers Association (NMDA) on Tuesday condemned the arrest of one of its member on March 27 under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 allegedly in “violation of the procedure prescribed by law.”

A general meeting of the NDMA on March 28 also resolved that “all medical dealers under the Association will close our shops” as a sign of protest against the “unlawful arrest,” informed a press release from the Association.

As per the Association, the manufacture, sale or distribution of drugs and/or cosmetics in Nagaland is regulated by the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945.

In a notification dated February 2, 2023 (superseding Circular dated 17.09.2012), the Health and Family Welfare Department, Nagaland, has issued clear terms and conditions in relation to the purchase and sale of all restricted pharmaceutical products by wholesalers and retailers within the State, it said. 

“The said Notification clearly states that all actions for violation of the same are to be taken under the provisions of the Act of 1940 along with the Rules made there under,” the NDMA pointed out.  

Furthermore, it provides that all raids and seizures are to be done only by, or in the presence of the Drug Control Authority and not otherwise, it added. 

Accordingly, the NDMA urged the law enforcement authorities to follow the procedure under the Drugs and Cosmetics Act, 1940, to avoid arrest of  “innocent members of society” under the NDPS Act, the Association stated. 

It further conveyed strong objection to the misuse of the word ‘indent’ used February 3 notification and called for its removal. 

The NDMA also urged the All India Organization of Chemist and Druggist and its Northeast Office to look into and intervene in the matter. 

It further called upon Indian Medical Association, Chamber of Commerce of Dimapur and Chumukedima, Naga Council Dimapur, Nagaland Pharmacist Council and all members of the medical fraternity to speak out against the “unlawful detention.”

The Association also demanded strict action against the persons who “initiated action against our member in violation of procedure prescribed by law” and condemned the “callous misuse of the law enforcement mechanism, to the detriment of the public.”

Meanwhile, the NDMA maintained that it is strictly against the misuse of any restricted drugs by its members and does not condone indulgence in such activity. 

However, rash actions taken against citizens only results in the inhumane abuse of their human rights, it stated, reminding law enforcement agencies that “procedure is the handmaiden of justice” and urged the implementing agencies not to misuse their powers.