Patna High Court Rejects Bail Plea in NDPS Act Case Involving Commercial Quantity of Codeine-Infused Cough Syrup
Court Emphasizes Strict Conditions Under NDPS Act; Finds No Grounds to Grant Bail for Commercial Quantity Possession
In a significant ruling, the Patna High Court has rejected the bail application of Nilendra Kumar Karan, who was apprehended for the possession of contraband cough syrup containing codeine phosphate and Triprolidine Hydrochloride, deemed to constitute a commercial quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The decision underscores the stringent conditions for bail under Section 37 of the NDPS Act, which were not satisfied in this case.
The petitioner, Nilendra Kumar Karan, was apprehended by SSB personnel along with a co-accused while transporting 40 bottles of cough syrup, each containing 100 ml of codeine phosphate and Triprolidine Hydrochloride. The Patna High Court emphasized that even substances with legitimate therapeutic use, such as codeine-infused cough syrup, require proper authorization under the NDPS Act due to their potential for misuse as narcotics.
The Court highlighted that the possession of such substances without a license or permit attracts severe penal provisions under the NDPS Act, as these are classified as manufactured drugs. In this instance, the prosecution successfully argued that the quantity seized constituted a commercial quantity, thereby activating the rigorous conditions for bail under Section 37 of the NDPS Act.
Section 37 mandates that for bail to be granted in cases involving commercial quantities, the court must be satisfied that there are reasonable grounds to believe that the accused is not guilty of the alleged offense and is unlikely to commit another offense while on bail. The Court found that the petitioner failed to meet these twin conditions.
The defense argued that the cough syrup, containing less than 2.5% codeine, should not be considered a narcotic drug under the NDPS Act, and instead, should be regulated under the Drugs and Cosmetics Act. However, the Court, referring to precedents, held that the mere presence of codeine, even in minimal quantities, brings the substance under the purview of the NDPS Act. The Court cited previous judgments, including the Supreme Court's ruling in Hira Singh v. Union of India, to support its position that the entire mixture, including neutral substances, should be considered when determining the quantity of narcotic drugs or psychotropic substances.
The Court also addressed the petitioner's claim of non-compliance with procedural safeguards under Section 42 of the NDPS Act during the search and seizure operation. It concluded that this issue should be resolved during the trial and not at the bail stage.
Ultimately, the Patna High Court's decision reinforces the stringent application of the NDPS Act's provisions and the high threshold for securing bail in cases involving commercial quantities of contraband substances. This ruling serves as a stern reminder of the severe legal repercussions for unauthorized possession of regulated substances, even when they possess recognized therapeutic value.
Bottom Line:
Bail under NDPS Act - Bail petition rejected for possession of contraband cough syrup containing codeine phosphate and Triprolidine Hydrochloride constituting commercial quantity; stringent conditions under Section 37 of NDPS Act not met.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985 Sections 8, 21, 22, 37, 42
Nilendra Kumar Karan v. State of Bihar, (Patna) : Law Finder Doc id # 2769814
