Online Narcotics Trade Busted And Sealed By Narcotics Act

by Medindia Content Team on  December 5, 2007 at 12:57 PM Medico Legal News
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Online Narcotics Trade Busted And Sealed By Narcotics Act
The Supreme Court has held that a person can be guilty of being a drug peddler even if he is dealing with narcotics on the Internet. This is even if he is not handling them physically. The landmark ruling against illegal online drugs trade is a blow to those who claim the protection of Section-79 of the Information Technology Act. This act   provides immunity against criminal prosecution to service providers.
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The accused  is  Sanjay Kumar Kedia  owner of M/s Xponse Technologies Limited (XTL) and M/s Xponse IT Services Pvt Ltd (XIT).  He has been  charged under Sections 24 and 29 of the Narcotics and Psychotropic Substances Act.
In February 2007,  Kedia was arrested by the officers of the Narcotics Control Bureau (NCB) . He   has  been accused of actually running  an Internet pharmacy and dealing with narcotics like "Phentermine and Butalbital."

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Sections 24 and 29 of the Narcotics and Psychotropic Substances Act  prohibit  any persons  from engaging in a  trade of narcotics or psychotropic substances outside India without the prior permission of the Government of India.

"The said business was only a facade and camouflage for more sinister activity," a bench of Justices S B Sinha and H S Bedi ruled.

Sanjay Kumar Kedia is an IIT alumnus and US-trained software expert. He  had started a BPO operation in which US-based customers wanting to purchase medicines were  channeled  to appropriate pharmaceutical suppliers.


Source: Medindia
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