Against the backdrop of rampant misuse of Mephedrone as also being sold online through internet pharmacy across the country, Mumbai based NGO Society for Awareness of Civil Rights has written to the health minister J P Nadda to notify it under the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act for its strict enforcement and control.

The drug, according to a senior FDA official, however, does not fall under the purview of the Drugs and Cosmetics Act, 1940 and Rules, 1945 and hence the state Food and Drug Administration cannot take action for its illegal sale and misuse. Contravention to the NDPS Act can attract severe penalty and police action, as per the provisions of the NDPS Act, 1985.

The central government, in an office memorandum dated February 12, 2015 has included drug Mephedrone as a Psychotropic Substance under the NDPS Act of 1985. However it is yet to be “officially notified” .

As per the letter sent to the Union health minister, the drug is fast replacing the hither to known codeine containing cough syrups after the former FDA Commissioner Mahesh Zagade wrote to the Narcotic Control Bureau (NCB) under the Union finance ministry and department of revenue to enlist this under narcotic drug. Police Commissioner Rakesh Maria also took up the case strongly in tandem with FDA cracked down along with with NGOs and crusaders. Thus a public movement recently saw the same being included as psychotropic substance. This does not bring about control under any existing laws and enforcement as the same is still yet to be notified as “Drug” in real meaning for the state Food and Drug Administration to take recourse to regulations of licensing and control of distribution.

The letter further states, "Thus it has remained in "No one's land" with the NCB most defunct apparatus with no teeth but acting only on possession and distribution under NDPS Act. They do not have neither the apparatus arm of law or at all to check, oversee, regulate control the production and distribution in any way. This is not their fault, because the department is active only on tip offs and has no regulation on the manufacture of chemical substance falling under ministry of chemicals and fertilizers with few controls over factory or pollution control laws applicable.

"Every one agree that it is consumed orally and that it is not food and hence can no way be administered under Food Safety and Standards Act, 2006 (FSS) Act. If not drug then, there is technically, no controls and only after commission of possession and its distribution the banned substance becomes criminal law effective till then it can not be administered. Hence declaring it as psychotropic drug under Schedule II of the list is an immediate necessity.

This will allow the state drug control apparatus to crack down on manufacture and the finished product regulation and distribution effectively," says president Society for Awareness of Civil Rights RP Yajurvedi Rao.