The Allahabad high court on Thursday allowed habeas corpus petitions filed by Vibhor Rana and Vishal Singh, alleged kingpins of a codeine-based cough syrup trafficking racket, and quashed their detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (NDPS Act).
The court’s case status showed that the petitions had been allowed, though a detailed order was awaited. The bench comprising Justice Atul Sreedharan and Justice Achal Sachdev passed the order after hearing counsel for the petitioners and the state government.
The petitioners had challenged detention orders dated July 7, 2026, passed against them under the NDPS Act. They alleged that the orders suffered from non-application of mind and that Rana’s name subsequently surfaced in the investigation through statements attributed to co-accused persons.
The petitioners also argued that the detention orders failed to establish a real possibility of their release from custody and their subsequent involvement in activities prejudicial to the objectives of the preventive detention law. The habeas corpus petitions sought quashing of the detention orders and their release.
The cases relate to the alleged illegal trade and diversion of Phensedyl, a codeine-based cough syrup, with the petitioners allegedly described as kingpins of the racket in Lucknow and Ghaziabad.
{{/usCountry}}The cases relate to the alleged illegal trade and diversion of Phensedyl, a codeine-based cough syrup, with the petitioners allegedly described as kingpins of the racket in Lucknow and Ghaziabad.
{{/usCountry}}A key contention in the petitions was that Phensedyl is neither a narcotic drug nor a psychotropic substance and that the NDPS Act could not be invoked merely because the formulation contains codeine.
The petitions referred to a November 14, 1985 notification issued by the Central government under the NDPS Act, which exempts certain codeine preparations containing not more than 100 mg of the drug per dosage unit and not more than 2.5% concentration in undivided preparations, subject to prescribed conditions.
Counsel for the petitioners argued that Phensedyl did not constitute a manufactured drug or narcotic drug under the NDPS Act.