COIMBATORE: With the state government stepping up measures against narcotics, police personnel involved in the crackdown have flagged a legal gap in dealing with certain drugs that are being widely misused by youngsters. They have urged the government to strengthen the legal framework to ensure stricter punishments.
They particularly pointed out that two prescription painkillers — Tydol and Tapentadol — which are frequently seized during anti-drug drives, slip through strict measures due to legal gaps.
According to a senior officer from the Enforcement Bureau CID (EB-CID), the growing misuse of prescription drugs like Tapentadol, Tydol, Nitrazepam and a few others has become a major concern. These prescription-only drugs should not be sold without a valid doctor’s prescription.
Their availability at pharmacies is strictly monitored by the drugs control department. However, police continue to seize them in large numbers in Tamil Nadu, particularly in Coimbatore, Chennai, Salem, Vellore and Chengalpattu districts. Specifically, the misuse of Tydol and Tapentadol is reportedly higher than Nitrazepam due to the alleged legal gaps.
“We can book cases involving Nitrazepam under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. But the same is not possible for Tapentadol and Tydol because their chemical combinations are not categorised under the Act.
They attract only the Drugs and Cosmetics Act (Schedule H), which cannot be handled effectively by law enforcement agencies. Only the drugs control department can take action,” the officer said.
If there is a case under the NDPS Act, it will be heard in a special court, which ensures speedy trial and maximum punishment. However, for Tydol and Tapentadol, cases have to be booked under Section 123 of the BNS (Causing hurt by means of poison, etc., with intent to commit an offence).
Though this BNS section provides up to 10 years’ punishment, the gravity is considered low compared to the NDPS Act. “Also, trials will be held in regular courts where we cannot assure speedy and maximum punishment. Mostly, offenders easily get bail. The usage of the drugs is the same, ‘sedation and intoxication’, but in legal terms they are handled differently, which weakens enforcement,” the officer said.
Police sources said that in areas where both ganja and Tapentadol or Tydol are seized together, they highlight ganja to proceed with the case under the NDPS Act to ensure stringent action.
In this backdrop, police officials have demanded that the government bring in a special legal framework to include such narcotics under stringent provisions to curb misuse. They have also sought legal provisions to punish violations of methods of drug administration.
“These are oral drugs (pills). But abusers administer them by injections directly into a vein, diluting them with IV fluids for instant effect. Even in the NDPS Act, there is no provision to deal with violations in drug administration. Administration of drugs is more important, and the violation should be considered as a serious offence,” a DSP-rank officer said.
“Either the state government should recommend these modifications to the central government to update the NDPS Act, or the state should pass a separate Act as part of its efforts towards a drug-free society. In recent months, the Coimbatore PEW unit has curtailed the supply from Hubli, Dharwad in Karnataka, Mannarkad in Kerala, Mumbai and Himachal Pradesh. If there are strict legal provisions, we can control it more effectively,” said the officer.
It is to be noted that the state government recently launched a comprehensive 7-point anti-drug framework backed by strict enforcement of the central NDPS Act, along with setting up 65 dedicated Anti-Narcotic Task Force (ANTF) stations.