Court emphasizes strict compliance with NDPS Act exemptions; rejects plea of applicants in large-scale Codeine syrup seizure.
In a significant ruling, the Allahabad High Court has denied the bail application of Abdul Qadir and another applicant involved in a case concerning the seizure of a substantial quantity of Codeine-based cough syrup. The decision was rendered by Justice Ashutosh Srivastava on February 3, 2026, in the matter of Abdul Qadir v. State of U.P.
The case revolves around the recovery of 11,885 bottles of Codectus TR Syrup, a Codeine-based product, which far exceeds the permissible quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The applicants were apprehended while loading the syrup boxes into a vehicle, and the seizure was made from a location not covered by their business license.
The court highlighted the necessity for strict and literal compliance with the exemption provisions under the NDPS Act for Codeine-based preparations. Justice Srivastava noted that any violation of these exemption conditions, such as failing to adhere to therapeutic usage and content limits, disqualifies a claimant from seeking exemption.
The counsel for the applicants argued that the syrup was ordered under a valid invoice and that the applicant, Ahsan Noori, held a legitimate license for dealing in bulk medicine. They contended that the syrup's Codeine content was within permissible limits and that it was compounded with other ingredients, thus qualifying for an exemption.
However, the court found these arguments unpersuasive, emphasizing that the exemption provisions require strict adherence to specified conditions. The court observed that the possession of a large quantity of illegally diverted Codeine-based syrup violated the condition of being "established in therapeutic practice," thus disqualifying the applicants from exemption.
The prosecution underscored the growing concern over the trafficking and abuse of pharmaceuticals containing narcotic substances like Codeine. The court concurred, noting the potential for addiction and abuse when such substances are available in large quantities.
Citing precedents from the Supreme Court and other High Courts, the judgment reiterated that the exemption under the NDPS Act is not applicable when the conditions are not met. Consequently, the court concluded that the applicants' involvement in the case could not be ruled out, and their bail application was rejected in light of the severity and gravity of the offense.
The court's decision reinforces the stringent application of the NDPS Act's provisions and the necessity for regulatory compliance in cases involving narcotic substances.
Bottom Line:
Bail application in cases involving seizure of Codeine-based cough syrup under NDPS Act and Bharatiya Nyaya Sanhita, 2023 - Reiterated that exemption provisions under NDPS Act for Codeine-based preparations must be strictly adhered to, and any violation of the exemption conditions disqualifies the claimant from seeking exemption.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8, 21, 37; Bharatiya Nyaya Sanhita, 2023 Sections 318(4), 338, 336(3), 340; Notification dated 14.11.1985.
Abdul Qadir v. State of U.P., (Allahabad) : Law Finder Doc id # 2853808
