1. Petitioner is in custody for more than 355 days and it is submitted that he has been falsely implicated in the instant case. Learned counsel appearing on behalf of the State opposes the prayer for bail and submits that the petitioner was found in possession of 5 litre of codeine mixture.

2. It has been argued that codeine mixture does not fall within the category of narcotic substance under NDPS Act. Reliance is placed on reported in 2017 (3) Crimes 147 (Binod Kumar @ Binod Kumar Bhagat v. State of Bihar). In the said report, seizure had been effected of corex cough syrup containing codeine which was stored in the godown of the transporter under a consignment note for transportation of another drug to a consignee. In the said report, reference has been made to the judgment of the Delhi High Court delivered on 1.12.2016 in W.P.(C) No. 2212/2016 (Pfizer Limited & Anr v. Union of India & Anr.)

3. In the instant case the petitioner was found in illicit possession of codeine mixture which a manufacture drug appearing in Item 28 of the table appended to NDPS Act.

Section 80 of NDPS Act reads as follows:-

"Application of the Drugs and Cosmetics Act, 1940 not barred.- The provisio