Family of man held after being served drug-laced noodles to sue

Someone inadvertently eating drug-tainted food should not be branded a drug taker, Yan'an police officials said Wednesday, but failed to announce an exemption for a Shaanxi man who suffered a 15-day detention after mistakenly eating poppy-laced noodles.

Yan'an police were responding to comments on Chinese social media via a post on their official microblog on Sina Weibo. Web users questioned the legitimacy of the drug accusation and expressed concern over the victim's claim of having been forced to make a confession.

"The man who added drug ingredients into food was held for 10 days in custody, while the man who inadvertently ate it was held for 15 days, does that bear any reason? " wrote a Sina Weibo user. "Will police apologize if they confirm the accused man took no drugs voluntarily, and his other charges are also cleared?" wrote another.

Police from Wuqi county, Yan'an city in Northwest China's Shaanxi province, received reports on Sept 3 that Liu Juyou, 26, was suspected of taking drugs, in addition to stealing, transporting and selling crude oil. Police seized Liu's property and vehicles and ran three urine tests, which all proved positive.

Police then issued a 15-day detention on charges of taking drugs.

Liu said he had bought some black lumps believed to be able to alleviate discomfort in his body, which police suspected to be heroin.

He told news network thepaper.cn that he had pleaded guilty only because he was injured while being tortured, according to a Sept 24 report by thepaper.cn.

Liu had been released on Sept 19 as scheduled.

According to Liu, he had eaten some noodles at a restaurant in Changcheng town, Wuqi county, on Sept 3. Suspecting the food and to prove Liu's innocence, his family bought noodles at the restaurant from Sept 4 to 7, and tests on them all proved positive. Liu's aunt reported the suspicion about the food to police on Sept 9.

The restaurant owner, surnamed Zhang, later admitted buying 2 kilograms of poppy shell in August, and that he had ground them up before adding them to noodles to make them taste better and to attract customs.

Zhang was held in custody for 10 days for adding the poppy powder, which contains morphine and codeine, two predominant alkaloids in opium.

Since first reported on Sept 23 by thepaper.cn, the case has attracted wide attention, and web users have questioned whether the drug accusation and detention were legitimate.

Article 62 of the Chinese anti-drug law that took effect in Dec 2007 says: "A person who ingests or injects narcotic drugs shall be given a penalty for administration of public security according to law.

"In this case, Liu shall not be accused of taking drug. If one knows the food contains poppy and eats it, the person would be committing an illegal act of taking drugs. But if in unknowing conditions, the person should not be blamed of that crime." Xu Lanting, a law professor from China University of Political Science and Law told China Youth Daily.

Yan'an police will continue to investigate the other charges against Liu and the restaurant owner's possible violations of food safety.

Liu's family said they have filed a lawsuit against local police, thepaper.cn reported on Thursday.