Patna HC: NDPS Provisions Apply to Codeine Cough Syrup Even Below 2.5% If Quantity is Commercial
Patna HC reiterates strict approach on commercial seizures of codeine cough syrup, even below 2.5% concentration
Srinagar, Sep 23: The Patna High Court has ruled that the unauthorised possession of codeine based cough syrup falls under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, even if the codeine content is below 2.5 percent, provided the seized quantity is commercial in nature.
Justice Jitendra Kumar dismissed a bail plea linked to the seizure of 40 bottles of Oxerex cough syrup recovered from a vehicle en route from India to Nepal. The petitioner and a co-accused were arrested under Sections 20 and 22 of the NDPS Act. Police also seized a mobile phone, SIM cards, and the vehicle.
While rejecting bail, the Court highlighted that “negation of bail is a rule and grant of it is an exception” under the NDPS Act, referencing the Supreme Court’s 2020 ruling in Hira Singh v. Union of India. The judgment clarifies that when both narcotic substance and neutral material are considered together, the total seized quantity can meet the definition of a commercial quantity.
The High Court upheld the Special NDPS Court in Madhubani’s earlier order refusing anticipatory bail, noting that Section 37 of the NDPS Act requires the Court to be satisfied that the accused is not guilty and unlikely to reoffend while on bail. Neither condition was met in this case, underscoring the judiciary’s strict stance on large-scale seizures of codeine-containing cough syrups.
