Even below 2.5% codeine content cough syrup seizure invokes NDPS: Patna HC

Srinagar, Sep 23: The Patna High Court has ruled that unauthorised possession of codeine-based cough syrup attracts provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act even when the concentration of codeine is less than 2.5 percent, if the recovered quantity is commercial in nature.

According to a report by LiveLaw, Justice Jitendra Kumar dismissed a bail plea filed in connection with the seizure of 40 bottles of cough syrup branded Oxerex. The contraband was recovered from a car travelling from India towards Nepal, leading to the arrest of the petitioner and a co-accused under Sections 20 and 22 of the NDPS Act. The police also seized a mobile phone, SIM cards, and the vehicle.

While rejecting the bail, the Court reiterated that “negation of bail is a rule and grant of it is an exception” under the NDPS Act. It relied on the Supreme Court’s ruling in Hira Singh v. Union of India (2020), which clarified that when both the narcotic substance and neutral material are considered together, the seized quantity can fall within the definition of commercial quantity.

The High Court also upheld the order of the Special NDPS Court in Madhubani, which had earlier refused anticipatory bail on the same grounds. The Bench emphasised that Section 37 of the NDPS Act sets stringent twin conditions for granting bail: the Court must be satisfied that the accused is not guilty of the alleged offence and that they are unlikely to reoffend while on bail.

Finding that neither condition was satisfied in the present case, the Court concluded that bail could not be granted. The ruling underscores the judiciary’s strict approach to cases involving cough syrups containing codeine, particularly when large-scale seizures are involved.