Prosecution Fails to Establish Illegal Activity Under NDPS Act; Court Cites Lack of Evidence
In a significant ruling, the Calcutta High Court has granted bail to Vijay Prakash Goel, a medical shop owner, who was accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, for allegedly possessing a substantial quantity of codeine-mixed cough syrup and Tramadol Mixture. The judgment was delivered by Justice Tirthankar Ghosh on February 16, 2026.
The petitioner, Vijay Prakash Goel, was arrested in April 2025 after police recovered 158.8 litres of codeine-mixed cough syrup and two packets of Pyeevon Capsules, a Tramadol Mixture, from his medical shop, Goel Medical Store. Despite the allegations, the court noted that the prosecution failed to produce any documents establishing illegal procurement, sale, or violation of storage limits under the NDPS Act.
The defense, led by Senior Advocate Mr. Prabir Kumar Mitra, argued that Goel, a senior citizen, was wrongfully detained and had a valid license to operate his business. The defense highlighted that the police had previously harassed Goel with similar allegations, resulting in the temporary closure of his shop, which was later reopened following a writ petition.
The State opposed the bail application, arguing that the large quantity of seized substances warranted detention under Section 37 of the NDPS Act. However, the court found that the State could not substantiate claims of illegal activity or provide evidence of non-compliance with statutory requirements, such as a ceiling limit on the storage of such substances, as mandated by the NDPS Act.
Justice Ghosh emphasized that the NDPS Act's provisions are in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940. The court observed that the prosecution did not demonstrate that the seized substances were intended for non-medicinal or non-scientific purposes, nor did it show any breach of license conditions.
Consequently, the court granted bail to Goel, requiring him to furnish a bond of Rs. 20,000 with two sureties of Rs. 10,000 each. Goel must also attend all court dates and cannot leave the jurisdiction of Howrah district without prior permission.
This ruling underscores the necessity for the prosecution to provide substantial evidence when invoking provisions of the NDPS Act, especially in cases involving licensed medical practitioners or businesses.
Bottom Line:
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail granted to petitioner accused of possessing codeine-mixed cough syrup and Tramadol Mixture, as prosecution failed to establish illegal procurement, sale, or violation of storage limits under the NDPS Act.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 21(c), 25, 29, 37, 80; Drugs and Cosmetics Act, 1940.
In the matter of : Vijay Prakash Goel, (Calcutta) : Law Finder Doc id # 2854068
