Cases Involving Recovery Of Cough Syrup Containing Codeine Should Be Filed Under Drugs & Cosmetics Act & Not NDPS Act: Patna High Court
The Patna High Court was considering a bail application of an accused booked in a case registered under Sections 21(c), 8(c) and 29 of the NDPS Act.
Justice Ashok Kumar Pandey, Patna High Court
The Patna High Court has granted bail to an accused booked in a case of recovery of 484 litres of Cough Linctur RJT-SCEN syrup, observing that such recovery cases of cough syrup containing codeine should be filed under the Drugs and Cosmetics Act and not the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
The High Court was considering a bail application of an accused booked in a case registered under Sections 21(c), 8(c) and 29 of the NDPS Act.
The Single Bench of Justice Ashok Kumar Pandey held, “Before parting, it is very strange that the cases where cough syrups containing codeine are recovered, the police is invariably filing cases under N.D.P.S. Act whereas in view of the notification of Central Government (supra) concentration of codeine being less than 2.5 %, the quantity does not come under the ambit of contraband. Cough syrup containing codeine is only a Schedule-H drug for which, the shopkeeper has to maintain register and he must be a licensed one. Such type of cases should be filed under Drugs and Cosmetic Act. It is only the violation of Drugs and Cosmetic Act whereas, police is invariably misusing the procedure.”
Advocate Vijay Kishore Bharti represented the Petitioner while Additional Public Prosecutor Surendra Prasad Singh represented the Opposite Party.
Factual Background
A pick-up van containing 484 liters of Cough Linctur RJT-SCEN syrup containing codeine was recovered.
Arguments
One of the arguments raised by the petitioner was that under Notification No. S.O. 826(E) dated November 14, 1985 under the Narcotic Drugs and Psychotropic Substances Act and Rules, 1985 the preparations were exempted as manufactured drugs provided the preparations contained the narcotic drugs to the extent permitted in respect of codeine under Entry No. 35. It was claimed that Cough Linctur RJT-SCEN Syrup containing codeine had been recovered and the concentration of the codeine in this drug was less than 2.5% as provided in the notification and this was claimed to be only in contravention of Drugs and Cosmetics Act.
Reasoning
The Bench clarified that the drug in question was not a narcotic drug and there was no jurisdictional basis for the case.
The Bench thus directed the petitioner to be enlarged on bail on furnishing bail bond of Rs 10,000 with two sureties of the like amount each to the satisfaction of the Special Judge, NDPS Act, Khagaria.
The Bench concluded the matter by observing that cases of cough syrup containing codeine should be filed under Drugs and Cosmetic Act.
Cause Title: Bharat Kumar v. The State Of Bihar (Case No.: Criminal Miscellaneous No.60727 of 2026)