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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Nilendra Kumar Karan @ Nilendra, S/o Rajbanshi Lal Karan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Jitendra Kumar, J.
Introduction
The present Criminal Miscellaneous petition has been filed under Sections 483 and 484 of the B.N.S.S., 2023 for regular bail in connection with Harlakhi P.S. Case No. 64 of 2025, corresponding to G.R. No. 24 of 2025, dated 19.03.2025, registered for the offences punishable under Sections 20 and 22 of the N.D.P.S., Act, pending in the Court of learned Principal Sessions Judge-cum-Special Court, N.D.P.S. Act, Madhubani.
Prosecution Case
2. The prosecution case, as emerging from the written report of the SSB personnel, is that the informant along with five S.S.B, personnel were on check-post duty. They got information that some intoxicating medicine is being carried by a four wheeler of silver colour. Subsequently, they intercepted one such vehicle going from India to Nepal and in the presence of the driver and one person sitting in the car, the vehicle was searched, and hence, the intoxicating medicine was recovered from below the seat of the car, the medicine comprising forty bottles of 100 ml each containing codeine phosphate & Triprolidine Hydrochloride cough syrup, oxerex, bearing B. NO ONTS-1663. The persons who were present in the car were
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
The possession of cough syrup containing Codeine Phosphate falls within the purview of the NDPS Act and is covered as an essential narcotic drug under Section 9(1)(a)(va) of the NDPS Act. The entire ....
Cough syrup with Codeine Phosphate below 2.5% concentration, compounded and established in therapeutic practice, excluded from 'manufactured drug' under NDPS Act notification; bail granted post-chall....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
The court held that strict compliance with licensing conditions under the NDPS Act is essential, and significant illegal possession of narcotics justifies rejection of bail applications.
Fulfillment of requirements as enumerated in Section 37 are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial quantity.
Fulfillment of requirements as enumerated in Section 37 of NDPS Act are a pre-requisite before granting bail to accused who is alleged to have committed offences under NDPS Act, involving commercial ....
If the contraband recovered in a particular case is covered by Rule 52A of the NDPS Rules made under Section 9(1)(a)(va) of the NDPS Act, then violation of the said Rules would be punishable under th....
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