Codeine Preparations Exceeding Permissible Limits Attract NDPS Act: Allahabad High Court Denies Bail To Two Over Adulterated Cough Syrup

The Allahabad High Court has recently denied bail to two accused in the Codeine Cough Syrup Racket on grounds that huge quantity of illegally diverted Codeine based Cough Syrup was recovered from them. 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…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.”Applicant-accused were charged under Sections 8/21 of NDPS Act, 1985 and Sections 318(4), 338, 336(3) and 340 BNS, 2023 for illegal possession of 119 boxes containing 11885 bottles of Codeine based Cough Syrup which was recovered from them while loading the drug in a car. Applying for bail, it was argued that the applicants were licensed medicine dealers and had purchased the cough syrup through valid invoices. Apart from pleading that applicants had no criminal antecedents, it was submitted that the Drug Inspector had no authority to collect and seal samples. The Court observed that 'Codeine' (Methyl- Morphine) and its salts all dilutions and preparations have been listed as manufactured drug at Item No. 35 in the Central Government Notification dated 14.11.1985. Exception was only granted to Codeine being a drug if it was used in Therapeutic practice and if it was used in less 100milligrams in a dosage and with a concentration of not more than 2.5% in undivided preparations. The Court held that the applicants had violated the exception provided in the above notification and were disentitled from claiming the benefit of the same. Noting that 11885 bottles of Codeine based cough syrup were recovered from the accused applicants, the Court held,“No reason is found to falsely implicate the applicant/accused persons. Therefore, there is no good ground to release the applicant-accused persons on bail at this stage. All the contentions raised by the learned counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused persons have not committed an offence.”Accordingly, the Court denied bail to the two accused. Case Title: Abdul Qadir And Another v. State of U.P. 2026 LiveLaw (AB) 80Case citation : 2026 LiveLaw (AB) 80Appearances: Sri S. B. Singh, assisted by Sri Zafeer Ahmad, counsel for the applicants as also Sri Anoop Trivedi, Additional Advocate General assisted by Sri Paritosh Kumar Malviya, AGA-1 and Sri Nitesh Kumar Srivastava, AGA for the State Also read:https://www.livelaw.in/high-court/allahabad-high-court/codeine-cough-syrup-racket-allahabad-high-court-rejects-quashing-pleas-alleged-kingpin-co-accused-513950 https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-codeine-cough-syrup-racket-interim-stay-arrest-shubham-jaiswal-kingpin-ndps-act-513413Click Here To Read/Download Order

Codeine Preparations Exceeding Permissible Limits Attract NDPS Act: Allahabad High Court Denies Bail To Two Over Adulterated Cough Syrup

Upasna Agrawal

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