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9. It is further submitted that the notifications 344 in numbers issued by the Central Government declaring a number of fixed those combinations injurious to human beings were quashed by the Delhi High Court on 1.12.2016 on technical grounds. This notification as such will not be operative in the territory of Delhi, but in Assam or any other State said notifications are very much in operation. Therefore, the FIR lodged on the basis of the aforesaid notification by the CID is not invalid in Assam and as such the FIR cannot be set aside and quashed. As regards the component in the seized drugs like C-KOF Syrup it is stated that it consists of codeine phosphate + Chlopheramine Maleate + Cough Syrup. According to the report of the drug controller codeine phosphate and codeine syrup amounts to same thing. It is also reported by the drug controller that the maleate, phosphate or syrup are additives in the main ingredient are codeine or Chlopheramine. A bare perusal of the bottle of C-KOF as annexed by the petitioner it seems that there are three ingredients as provided under notification 983 (E), whereas in notification SO 909 (E) there are two ingredients as stated above. Accordingly, it is submitted that the drugs involved in the instant case is covered by notification SO 983 (E). 

"        NOTIFICATION
New Delhi, the 10th March, 2016
S.O. 909 (E).- Whereas, the Central Government is satisfied that the use of the drug fixed dose combination of Chlopheniramine Maleate + Codeine Syrup is likely ot involve risk to human beings whereas safer alternatives to the said drug are available:
And whereas, the matter has been examined by an Expert Committee appointed by the Central Government and the said Expert Committee recommended to the Central Government that the said drug is found to have no therapeutic justification;
And whereas on the basis of the recommendations of the said Expert Committee, Central Government is satisfied that it is necessary and expedient in public interest to regulate by way of prohibition of manufacture for sale , sale and distribution for human use of the said drug in the country."

Now, therefore, on the basis of the recommendations of the said Expert Committee and in exercise of powers conferred by section 26A of the Drugs ad Cosmetics Act, 1940 (23 of 1940), the Central Government hereby prohibits the manufacture for sale and distribution for human use of drug fixed does combination of Chlopheniramine Maleate + Codeine Syrup with immediate effect. "

As per notification S.O. 983 (E) the drug fixed dose combination of Chlorpheniramine + codeine phosphate + Menthol syrup and the notification S.O.909 (E) refers to the drugs fixed dose combination of Chlorpheniramine Maleate + codeine.

13. A bare reading of the above two notifications it reflects that the notification S.O. 983 (E) indicates the drugs which constitute of three components whereas as per the notification S.O.909 (E) it compromises of two combination. As has been discussed above the seized drugs comprises of two components but not of three components as has been submitted from the respondent side. Obviously cough syrup is not a component rather it indicates that it is in liquidate form not in tablet form and the C- COF is a name of the drug only. In that view of the matter the seized drugs will be covered by the notification no. S.O.909 (E), not by notification S.O. 983 (E). It may be mentioned that as per the report of drug controller codeine phosphate and codeine syrup amount to same thing. Apparently it can be seen that one of the component mentioned in the notification S.O.983 (E) the Menthol syrup is not found in the seized drugs and as such, there remains no doubt that the said articles will be covered by the notification no.S.O. 909 (E) and the informant in this case has wrongly mentioned the notification while he made the seizure. The aforesaid aspect has been lucidly placed before this Court by the petitioner's side, there can be no hesitation to hold that the FIR has been registered on wrong notion of law.