IMPORTANT POINT
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 anticipatory bail in such matters.

ORDER :

1. By way of the present successive anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.11192029240023 registered with Koth Police Station.

2. Head Constable Dilipsinh Parbatsinh Masani, Buccal No. 913, S.O.G. Police Staff, Ahmedabad Rural has lodged FIR No. 11192029240023 on 13/2 / 2024 11 / c . 8(c) 21(c) and 29 of NDPS Act. 1985 against three Persons, THE APPLICANT IS Accused No. 3 in the said FIR. It has been alleged that secret inputs were received to the effect that some Accused, in their C.N.G. Rickshaw No. GJ-6, BU- 1107, carrying intoxicative contraband, Cough Syrup Bottles and will pass through Baroda Vataman Highway. It has been alleged that based on such - inputs, trap was arranged accordingly and Accused No. 1 and 2 were intercepted and arrested on the spot. It has been alleged that the said Accused disclosed name of present Applicant from whom, they have obtained cough syrup bottle containing contraband Codeine. It has been alleged that the Accused were carrying 590 Cough Syrup Bottles without license and without permit, Panchnama was drawn thereafter at Vataman Police Choky. It has been alleged that the said 590 Syrup Bottles were seized on the primary Certificate issued by F.S.L. Officer Shree B.C. Vania AND Officer of Foods and Drug Department, Shree G. N. Thummar INDIA stating that content in the cough syrup is Codeine which is contraband under the NDPS Act, 1985. Along with said Rickshaw, 3 Mobiles and some cash from Accused, were also seized.

3. As the petitioner is arraigned as accused in the aforesaid offence, upon apprehending his arrest for the said offence, he moved present anticipatory bail application.

4. Heard learned advocate Mr. Girish Das for the petitioner and learned APP for the State.

5. Learned advocate for the petitioner would submit that the petitioner is the license holder to sell, stock and exhibit the Schedules C and C1 drug as per the Drugs and Cosmetic Rules (In short “Rules”). He would further submit that the petitioner being license holder by selling cough syrup has not done any illegal activity/offence. He would further submit that according to the prosecution case, the petitioner has sold cough syrup to VR Health Care, he is also license holder and licenses are issued by the concerned Licensing Authority – Asst. Commissioner, Food and Drug Control Administration, Vadodara. Thus, it is established that selling of cough syrup would not entail any guilt. He would further submit that since it is lawfully permissible to sell the cough syrup in the open marker in view of Rule 65 of the Rules, it cannot be said that the petitioner is selling contraband narcotics under the NDPS Act. He would further submit that the bottles of cough syrup, which are seized, contained 10 mg Triprolidine Hybrocloride IP 5 ml, which is not more than 100 mg of the drug per dosage unit in undivided preparations and the concentration of Codeine in cough syrup, which is merely 1.25 mg and is not obviously more than 0.2%. This cough syrup is prepared for Therapeutic practice and it is not manufactured drug under the NDPS Act and therefore, it is not a NDPS substance in view of section 2(xvi)(e) of the NDPS Act and therefore, prohibition contained in section 8 of the NDPS Act does not apply in the present matter. He would further submit that even otherwise, in view of section 37 of the NDPS Act, in facts and circumstances of the case, the Court must satisfy that there are reasonable grounds for believing that the petitioner is not guilty of any such offence and therefore, present petitioner may be granted anticipatory bail.

6. Learned advocate Mr. GM Das would further submit that since the drug contained Codeine is as per the license, it cannot be said that the petitioner is selling NDPS contraband. He would further submit that the petitioner