Court rules cough syrup with less than 2.5% codeine not contraband under NDPS Act; directs cases to be filed under Drugs and Cosmetic Act.
In a significant ruling, the Patna High Court, presided over by Justice Ashok Kumar Pandey, granted bail to Sanjeev Kumar in a case involving the recovery of RTX-SCEN cough syrup containing codeine. The judgment, dated March 31, 2026, emphasized that the syrup's codeine concentration of 0.2% is below the 2.5% threshold established by the Central Government's notification, thereby excluding it from the Narcotic Drugs and Psychotropic Substances (NDPS) Act's definition of contraband.
Sanjeev Kumar, the petitioner, was implicated in a case registered under various sections of the NDPS Act after authorities seized 1200 bottles of the cough syrup from a vehicle he owned. His counsel argued that the codeine concentration did not meet the criteria for contraband under the NDPS Act, referencing Notification No. S.O. 826(E) issued on November 14, 1985, which exempts preparations with codeine concentrations below 2.5% from being classified as manufactured drugs.
The court, acknowledging these arguments, determined that there was no jurisdictional basis to proceed under the NDPS Act, highlighting that such instances should be addressed under the Drugs and Cosmetic Act, 1940. Justice Pandey criticized the misuse of legal procedures by law enforcement, noting that cough syrup containing codeine is a Schedule-H drug, which requires shopkeepers to maintain records and hold licenses, rather than being treated as contraband.
In delivering the oral order, Justice Pandey directed the petitioner to be released on a bail bond of Rs. 10,000 with two sureties of the same amount. He underscored the necessity for legal processes to align with established statutory provisions and criticized the trend of misapplying the NDPS Act in such cases.
The decision also referenced the Supreme Court case of Hira Singh v. Union of India, where it was held that the entire mixture containing contraband should be considered as such. However, Justice Pandey clarified that if the drug itself does not qualify as a narcotic under the NDPS Act, the question of quantity does not arise.
This ruling is expected to influence how similar cases are handled in the future, promoting the appropriate use of the Drugs and Cosmetic Act and curbing the misuse of the NDPS Act in cases involving low concentrations of codeine.
Bottom Line:
Bail granted to petitioner where cough syrup containing codeine was recovered, as its concentration being less than 2.5% as per Central Government notification does not qualify as contraband under the NDPS Act. Such cases should be filed under the Drugs and Cosmetic Act instead of the NDPS Act.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8(c), 21(b), 29; Drugs and Cosmetic Act, 1940 Section 18.
Sanjeev Kumar v. State of Bihar, (Patna) : Law Finder Doc id # 2884434
