Observing that codeine preparations exceeding permissible limits attract the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Allahabad high court recently denied bail to two accused in the codeine cough syrup racket case.
Justice Ashutosh Srivastava rejected the bail applications of Abdul Qadir and another on grounds that a huge quantity of illegally diverted codeine-based cough syrup was recovered from them.
The FIR was lodged under various sections of NDPS Act, 1985 and BNS, 2023 at Kotwali police station of Rampur district for illegal possession of 119 boxes containing 11,885 bottles of codeine- based cough syrup, which was recovered from them while they were loading them 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 November 14, 1985. Exception was only granted to Codeine being a drug if it was used in Therapeutic practice and if it was used less than 100 milligrams in a dosage and with a concentration of not more than 2.5% in undivided preparations.
{{/usCountry}}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 November 14, 1985. Exception was only granted to Codeine being a drug if it was used in Therapeutic practice and if it was used less than 100 milligrams in a dosage and with a concentration of not more than 2.5% in undivided preparations.
{{/usCountry}}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 11,885 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.
The court in its order dated February 3 observed, “All the contentions raised by the 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.”