Calcutta High Court Grants Bail To Chemist In NDPS Case, Says Mere Seizure Of Codeine Cough Syrup Cannot Justify Prolonged Custody

The Calcutta High Court has granted bail to a senior citizen and licensed medical shop owner arrested under the Narcotic Drugs and Psychotropic Substances Act after recovery of codeine-based cough syrup and Tramadol capsules from his store, holding that mere seizure of such medicines, without material showing illegal procurement, illegal sale, or violation of any statutory ceiling on storage, is insufficient to justify continued detention under the stringent rigours of the NDPS law.Justice Tirthankar Ghosh was hearing a bail plea filed by Vijay Prakash Goel, who was arrested in April 2025 in connection with allegations that 158.8 litres of codeine-mixed cough syrup and two packets of Pyeevon (Tramadol mixture) capsules were recovered from his shop, “Goel Medical Store,” and that he failed to produce documents on demand. The prosecution invoked offences under Sections 21(c), 25 and 29 of the NDPS Act and opposed bail by citing the bar under Section 37.Appearing for the petitioner, senior counsel contended that Goel is a licensed chemist running the business for several years and had been falsely implicated in a vindictive manner to disrupt his trade. It was submitted that he possessed a valid licence issued by the Directorate of Drugs Control, Government of West Bengal, and that earlier too the police had allegedly foisted a similar case and sealed his shop, which was later reopened following directions in a writ petition.The State argued that a huge quantity of contraband cough syrup and Tramadol mixture tablets had been seized and that all statutory procedures were followed, thereby attracting the strict conditions for bail under Section 37 of the NDPS Act.On perusing the materials, the Court noted that the State failed to produce any document showing that the petitioner did not have a valid licence to run the medical store. It further found that the authorities had not contacted the parent company or manufacturer regarding the seized batch numbers, nor produced any notification, circular, or order prescribing a ceiling limit on the quantity of codeine-based cough syrup that could be stored by a licensed retailer or wholesaler in West Bengal.The Court contrasted this with the position in Uttar Pradesh, where the Food Safety and Drug Administration has issued specific orders fixing storage limits, and observed that no such restriction was shown to exist in West Bengal. In the absence of any such regulatory limit, mere possession of a large quantity could not automatically lead to an inference of illegality.Referring to Section 80 of the NDPS Act, the Court observed that the NDPS law operates in addition to the Drugs and Cosmetics Act and does not bar action against licensed dealers if illegal activities are proved. However, for invoking the NDPS provisions, the prosecution must show materials indicating unlawful procurement, sale, non-maintenance of records, or diversion of medicinal drugs for non-medical purposes. In the present case, the State had only demonstrated seizure of the medicines and failed to produce any material suggesting that the substances were not meant for medicinal or scientific use.Holding that no prima facie case had been made out to justify further incarceration and that continued custody would be unwarranted, the Court allowed the bail plea. The petitioner was directed to be released on bail on furnishing a bond of ₹20,000 with two sureties, subject to conditions including regular appearance before the trial court and restriction on leaving the jurisdiction of Howrah district without prior permission.Accordingly, the Court allowed the bail application.Case: In the matter of : Vijay Prakash GoelCase No: CRM (NDPS) 1250 of 2025.Click here to read order

Calcutta High Court Grants Bail To Chemist In NDPS Case, Says Mere Seizure Of Codeine Cough Syrup Cannot Justify Prolonged Custody

Srinjoy Das

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