Prayagraj, Feb 16 The Allahabad High Court has denied bail to two accused in a case linked to the codeine-based cough syrup racket, observing that codeine preparations exceeding permissible limits attract the NDPS Act.
Justice Ashutosh Srivastava denied relief to Abdul Qadir and another accused on grounds that huge quantity of illegally diverted codeine-based cough syrup was recovered from them.
"In the opinion of the court, the exemption provisions are required to be strictly and literally complied with and further that the conditions under which the exemption is granted is strictly adhered to. Any violation of any condition would disentitle the claimant the exemption," Justice Srivastava observed in his order dated February 3.
"In the instant case the possession of huge quantity of illegally diverted codeine- based cough syrup has been recovered and thus the condition 'established in therapeutic practice' is flagrantly violated denying the applicants of the exemption," the court said.
The applicant-accused were charged under sections 8/21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and sections 318(4), 338, 336(3) and 340 of the BNS, at? Kotwali police station in Rampur district for alleged illegal possession of 119 boxes containing 11,885 bottles of codeine-based cough syrup.
These syrup bottles were recovered from them while loading the drug in a car.
It was argued in the court that the applicants were licensed medicine dealers and had purchased the cough syrup through valid invoices. Apart from pleading that applicants had no criminal antecedents, it was submitted that the drug inspector had no authority to collect and seal samples.
The court observed that 'codeine' ((methylmorphine) and its salts have been listed as manufactured drug at item no. 35 in the Central government notification dated November 14, 1985.
Exception was only granted to codeine being a drug if it was used in therapeutic practice and if it was used in less than 100milligrams in a dosage and with a concentration of not more than 2.5 per cent in undivided preparations, it said.
The court held that the applicants had violated the exception provided in the above notification and were disentitled from claiming the benefit of the same.
Noting that 11,885 bottles of codeine-based cough syrup were recovered from the accused applicants, the court said, "No reason is found to falsely implicate the applicant/accused persons. Therefore, there is no good ground to release the applicant-accused persons on bail at this stage."
"All the contentions raised by the counsel for the applicant pertain to the merits of the case and the same cannot be considered while considering application for grant of bail. This court is unable to form an opinion at this stage that the accused persons have not committed an offence," it said.
Abdul Qadir v. State of U.P., (Allahabad) : Law Finder Doc Id # 2853808
