Court finds no incriminating material against Singh; Phensedyl case under scrutiny for misuse of NDPS provisions
In a significant development, the Allahabad High Court has granted interim bail to Vishal Singh, implicated in a case concerning the alleged misuse of Phensedyl cough syrup for intoxication purposes. The bail application was heard by Justice Karunesh Singh Pawar at the Lucknow Bench of the High Court. Singh, who was not named in the original FIR, was implicated based on the confessional statements of co-accused individuals.
The court acknowledged that no recovery was made from Singh, and his involvement surfaced solely through statements from co-accused Bittu Kumar and Sachin Kumar. Notably, the case, which was initially classified under the NDPS Act, was scrutinized for its categorization as Phensedyl is neither a narcotic drug nor a psychotropic substance under the Act.
Counsel for the applicant argued that the prosecution's reliance on confessional statements without supporting evidence was insufficient for Singh’s continued detention. They highlighted that similar cases involving co-accused had resulted in bail, including instances where no NDPS Act violation was established.
The court, considering the lack of direct evidence and the fact that Singh has been in custody since November 13, 2025, found it fit to grant interim bail. Conditions were imposed on Singh to ensure cooperation with the investigation and prevent any tampering with evidence or pressurizing of witnesses.
This case brings to light the challenges in categorizing certain substances under the NDPS Act and emphasizes the need for adherence to the proper legal framework, as pointed out in previous Supreme Court judgments.
Bottom Line:
Bail granted - Applicant not named in FIR, implicated based on confessional statements of co-accused - No recovery made from the applicant - Case pertains to sale and misuse of Phensedyl cough syrup, not categorized under NDPS Act.
Statutory provision(s):
420, 467, 468, 471, 34, 120(b), 201 IPC
Vishal Singh v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2858608
