Court emphasizes strict compliance with NDPS Act’s conditions for bail in commercial drug cases
In a significant ruling, the Allahabad High Court has rejected the bail application of Varun Lat, accused of involvement in the diversion of codeine-based cough syrups for non-medicinal use. The case, heard by Justice Rajeev Bharti, underscores the stringent conditions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for granting bail in cases involving commercial quantities of controlled substances.
The court was presented with allegations that Lat, associated with M/s Shyam Pharma, participated in a systematic operation to divert substantial quantities of codeine-based cough syrups beyond retail levels. Despite possessing a wholesale drug license, the court found that this did not grant immunity under the NDPS Act, particularly given the allegations of diversion for non-medicinal purposes.
The prosecution, led by Additional Advocate General Anoop Trivedi, argued that the operations exceeded legal thresholds, involving quantities far surpassing the commercial quantity defined under the Act. The investigation suggested that Lat was part of a larger network involved in the unauthorized distribution of these substances, with potential links to broader trafficking activities.
Lat’s defense, articulated by Ayodhya Prasad Mishra, contended that the applicant was a licensed dealer, legally entitled to purchase and sell such medicines. The defense argued that the concentration of codeine in the syrups was below the thresholds that would classify them as narcotic under the NDPS Act. However, the court noted that the mere possession of a license does not shield an individual from prosecution if there is evidence of misuse.
The court also addressed procedural concerns, particularly the alleged non-communication of arrest grounds. It found that the arrest memo provided adequate details, including reasons for arrest, thus upholding the procedural integrity of the arrest under the NDPS Act.
The decision highlights the judiciary's cautious approach in dealing with cases under the NDPS Act, particularly those involving commercial quantities. The court reiterated that bail can only be granted if it is satisfied that the accused is not guilty of the offense and is unlikely to commit any offense while on bail, conditions that were not met in Lat’s case.
This ruling serves as a critical reminder of the legal responsibilities associated with drug licenses and the importance of compliance with regulatory provisions to prevent misuse of pharmaceutical drugs.
Bottom Line:
Bail in cases involving commercial quantity under NDPS Act cannot be granted unless twin conditions under Section 37 of the Act are satisfied. Possession of a wholesale drug license does not exempt prosecution under the NDPS Act for alleged misuse and diversion of codeine-based cough syrups for non-medicinal purposes.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8(c), 9, 21, 37, 42; Drugs and Cosmetics Act, 1940; NDPS Rules, 1985.
Varun Lat v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2918810
