Subhro Kamal Mukherjee, J.

Acting on specific information on August 4, 2013 at about 7 a.m., a batch of officers of Narcotics Control Bureau (hereinafter referred to as ‘NCB’) reached Netaji Subhas Chandra Bose International Airport at about 8.30 a.m.

The petitioners were located. The officers of NCB informed the petitioners about their intention to search them.

Two onlookers, namely, Ravi Das and Uttam Chowdhury, were requested to act as independent witnesses.

The petitioners were searched in presence of the Superintendent of Kolkata Zonal Unit, accompanying the NCB party. The petitioners and their luggage were searched. From the luggage of petitioner No. 1 five packets containing blue capsules were recovered. The capsules were found to contain "Dextropropoxyphene". Chemical analysis of the capsules indicate that they contain Dextropropoxyphene, Acetaminophen (Paracetamol), and Dicylomine. These are substances used as medicine for a long time. Dicyclomine and Acetaminophen are not Narcotic Drugs or Psychotropic Substances.

On May 23, 2013 the Government of India, by a notification issued under section 26A of the Drugs and Cosmetics Act, 1940, has prohibited the manufact