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Codeine Cough Syrup Haul: Allahabad HC Slams Door on Bail, Cites Massive Quantity Breach
In a stern rebuff to arguments invoking medical licenses and exemptions, the has denied bail to two men accused of trafficking over 11,000 bottles of codeine-based cough syrup. Justice Ashutosh Srivastava ruled that the enormous seizure shattered any claim to " ," pulling the case firmly under the NDPS Act's stringent provisions. The applicants, Abdul Qadir and Ahsan Noori—proprietor of a licensed medical agency—remain in custody as their trial pends in Rampur.
The Midnight Load-Out That Triggered the Bust
The drama unfolded on , at a house in Moori Gate, Rampur, owned by fugitive co-accused Anees. Police caught the applicants loading 119 boxes containing 11,885 bottles of Codectus TR syrup (containing triprolidine hydrochloride and codeine phosphate) into a car. Two fake Aadhaar cards were also seized. Anees fled in a Swift car, while his wife Gulfisha faces allegations too.
Charged under , and , the duo's lower court bail plea was shot down on . Their high court bid followed, amid claims of legitimate wholesale dealings. Samples were forwarded for testing, with a case looming.
License in Hand, But Limits Smashed: The Clash of Claims
Applicants' Firepower: Counsel and argued innocence, spotlighting Ahsan Noori's valid wholesale licenses (UP2220B000514 and UP221B000511, issued ). Invoices proved legitimate purchase, they said, and codeine formulations fell under 's medical-use exception. Citing a 1985 Central Government notification (S.O. 826(E)), they noted codeine exemptions for preparations with ≤100mg per dosage unit and ≤2.5% concentration in . No criminal history, unrepresentative samples by an unauthorized Drug Inspector, and reliance on Vibhor Rana v. Union of India (2021 SCC OnLine All 908) bolstered their case.
State's Counterpunch: , with and , fired back. The stash was at Anees's unlicensed home, not Noori's premises—flouting license terms. A 2022 Food Safety notification capped wholesalers at 1,000 bottles stock and 100 daily sales; 11,885 bottles obliterated that. Trivedi highlighted codeine's addictiveness as a cheap narcotic substitute, invoking recent dismissal of writs in Birendra Lal Verma v. State of U.P. (Criminal Misc. WP 27966/2025). Public health crisis in UP demanded crackdown.
Decoding Exemptions: No Room for 'Huge Quantity' Wiggle
Justice Srivastava dissected the 1985 notification listing codeine as a manufactured drug (
). Exemptions demand
strict
twin conditions: compounded limits
and
established therapeutic use.
"The exemption provisions are required to be
,"
he held, echoing Supreme Court wisdom.
Drawing from Mohd. Sahabuddin v. State of Assam (2012 (13) SCC 491), the court noted undocumented mega-hauls can't masquerade as medical transport—" " means curing disease, not stealthy stockpiling. Union of India v. Sanjeev Deshpande (2014 (3) SCC 1) reinforced: NDPS dealings must follow rules precisely. Vibhor Rana was distinguished, as were later high court rulings from Delhi, J&K, and Calcutta. Recent Allahabad writ dismissals sealed it. With commercial quantities triggering Section 37 rigors ( Hira Singh v. Union of India , 2020 (20) SCC 272), guilt stuck.
This aligns with broader crackdowns, as seen in LiveLaw reports on Rampur syrup rackets, including stays on arrests for alleged kingpins.
Bench Bites Back: Quotes That Cut Deep
-
On Exemption Strictness:
"A person who claims exemption... has to establish that he is entitled to that exemption... Any violation of any condition would desentitle the claimant the exemption."
-
Therapeutic Trap:
"In the instant case the possession of huge quantity of illegally diverted Codeine based Cough Syrup has been recovered and thus the condition '
' is flagrantly violated denying the applicants of the exemption."
-
No False Implication:
"No reason is found to falsely implicate the applicant/accused persons... This court is unable to form an opinion at this stage that the accused persons have not committed an offence."
Bail Booted: Trial Looms, Precedent Sets Tone
The
, order rejected bail outright:
"No case for bail is made out."
Observations bind only this plea, leaving trial unscathed. For NDPS enforcers, it's a blueprint—mega codeine seizures dodge exemptions, fueling anti-trafficking momentum amid UP's pharma abuse surge. Future dealers: licenses help, but limits are law.
