The Allahabad High Court has refused to grant bail to the accused persons booked in a case where seizure of 11885 bottles of Codeine based Cough Syrup was made. The High Court held that the condition 'established in therapeutic practice' was flagrantly violated, thereby denying the applicants the exemption mentioned in the 1985 Government Notification.

The High Court was considering a bail application filed under Section 483 of the BNSS, 2023, by the applicants seeking the enlargement on bail in a case registered under Sections 8, 21 of the NDPS Act, 1985 and Sections 318(4), 338, 336(3) and 340 BNS, 2023. The bail application of the applicants was rejected by the Additional Sessions Judge (NDPS Act), and the applicants had been incarcerated in jail since September 8, 2025.

The Single Bench of Justice Ashutosh Srivastava held, “In the opinion of the Court the exemption provisions are required to be strictly and literally complied with and further that the conditions under which the exemption is granted is strictly adhered to. The law is well settled that a person who claims exemption or concession has to establish that he is entitled to that exemption or concession. If the exemption is available on complying with certain conditions the conditions have to be complied with exactly. Any violation of any condition would desentitle the claimant the exemption. In the instant case the possession of huge quantity of illegally diverted Codeine based Cough Syrup has been recovered and thus the condition 'established in therapeutic practice' is flagrantly violated denying the applicants of the exemption.”

Advocate Lalit Kumar represented the Applicant while Government Advocate represented the Opposite Party.

Factual Background

The applicants were charged on the strength of the recovery memo, whereby and whereunder 119 boxes containing 11885 bottles of Syrup CODECTUS TR (TRIPROLIDINE HYDROCHLORIDE CODEINE PHOSPHATE SYRUP), two fake Aadhar Card was stated to have been recovered from the applicants when they were loading the said boxes in a Car. The boxes were stated to have been stocked in the house of one co-accused, Anees, from where the boxes were being loaded. The co-accused was stated to have run away while the applicants were apprehended from the spot. The wife of Anees was also alleged to be involved in the commission of the crime. The seized material was accounted for. Samples of the Syrup were to be sent to Lucknow for lab testing where-after a case under the Drugs and Cosmetics Act, 1940, was to be filed.

Reasoning

The Bench noted that the offence alleged in the FIR is illegal diversion and trafficking of 'Codeine Cough Syrup'. Codeine is included in the definition of 'Opium Derivatives' under Clause (xvi) of Section 2 of the NDPS Act. It was also noticed that 'Opium Derivates' have been included in the definition of manufactured drugs under Clause (xi)(a) of Section 2 of the NDPS Act. The Bench explained that the definition of 'Narcotic Drug' is inclusive of all manufactured drugs as visualised under Section 2(xiv) of the NDPS Act. “It is not in dispute that the small/commercial quantity of 'Codeine spedified as a Narcotic Drug/Psychotropic Substance is 10mg and 1kg respectively”, it added.

One of the contentions of the applicant was based upon the Central Government Notification dated November 14, 1985 that Codeine based Cough Syrup is not a Narcotic Drug and thus the provisions of the NDPS Act are not attracted in the opinion of the Court.This contention, according to the Bench was misplaced.

“A bare perusal of the Notification would reveal that 'Codeine' (MethylMorphine) and its salts all dilutions and preparations have been listed as manufactured drug at Item No. 35 of the said Notification. However, an exception has been granted excluding those salts, dilutions and preparations subject to satisfaction of two conditions mentioned in the Notification i.e. the first being those which are compounded with one or more other ingredients and containing not more than 100 milligrams of the drug per dosage unit and with a concentration of not more than 2.5% in undivided preparations and the second being which have been established in Therapeutic practice”, it added.

The Bench further explained that under the NDPS Rules, 1985, Chapter V-A has been inserted which deals with Possession, Transport, Import Inter-State, Export Inter-State Sale, Purchase, Consumption and use of Essential Narcotic Drugs. Codeine (Methyl) its salts, all dilutions and all preparations have been notified as an 'essential narcotic drug' under Central Government Notification dated May 5, 2015, it noted.

Thus, finding the prosecution of the applicants under Sections 8,21 of NDPS Act and 318(4), 338, 336(3), 340 of the BNS to be justified, the Bench held that the involvement of the accused persons in the present case couldnot be ruled out. Thus, the Bench dismissed the bail application.

Cause Title: Abdul Qadir v. State of U.P. (Neutral Citation: 2026:AHC:22681)

Appearance

Applicant: Advocates Lalit Kumar, Zafeer Ahmad

Opposite Party: Government Advocate

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Allahabad High CourtJustice Ashutosh Shrivastava

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.