When determining the quantity of seized narcotic mixtures, the weight of the entire solution, including neutral carrier substances, must be considered. Furthermore, cough syrups containing codeine are classified as essential narcotic drugs, requiring strict regulatory compliance for possession, regardless of their status as medicinal preparations.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

Heard Mr. S. Hussain, learned counsel appearing for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State.

2. This application under Section 483 BNSS, 2023, has been filed by the accused petitioners, namely, Younus Khan @ Yunus Khan and Yusub Khan and Yousuf Khan, praying for grant of bail in connection with Dhubri P.S. Case No. 330/2025, under Sections 22(C)/27 of the NDPS Act.

3. An FIR was lodged on 28.07.2025 by one Moanty Basumatary, S.I., Dhubri Police Station alleging that on 27.07.2025, after receipt of information of drug peddlers, namely, Younus Khan, the police team arrived at the house of the said Younus Khan and conducted a search operation, after search, the police seized about 34 nos. of bottles of Phensigrip Anti-Allergic Anti Tussive Dry Cough Syrup from the bag of Yusub Khan and 17 nos. of bottles of Phensigrip Anti Allergic Tussive Dry Court Syrup from the bag of Younus Khan and both are brothers.

4. After receipt of the FIR, Dhubri P.S. Case No. 330/2025, under Sections 22(C)/27 of the NDPS Act was registered against the accused persons named in the FIR. Subsequently, after investigation, the police on the basis of the statement made by the arrested persons, the accused-applicant, namely, Jannatul Islam was arrested on 02.08.2025 and since then he is behind the bars.

5. After investigation, the police filed a Charge Sheet vide C.S. No.354/2025 dated 28.09.2025 against 3 (three) accused persons including the present 2 (two) petitioners. The subsequently charge was framed under Section 22 (c)/27 of the NDPS Act against the present petitioners.

6. It has been stated at paragraph 5 of the instant bail application as follows:-

“That the accused/petitioners begs to state that on explicit perusal of the allegation that has been narrated in the FIR and Forwarding Report, it is apparent that offence under Section 27/22(c) of the Narcotic Drugs and Psychotropic Substances Act made out against them as 17 nos. of Phensigrip Anti-Allergic anti tussive Dry Cough Syrup were seized from the accused/petitioner no.1 and 34 nos. of Phensigrip Anti-Allergic anti tussive Dry Cough Syrup were seized from the accused/petitioner no.2 as per seizure list but as per inventory there is no actual weight of the contrabands and which category of drugs/narocotics which creates doubt whether the contrabands will comes under the commercial quantity/NDPS Act or not”.

7. Therefore, recovery of the contraband from the possession of the petitioners is not disputed. The dispute, if any, is with regard to the quantity as per the pleadings of the petitioners.

8. It is the further case of the petitioners, as stated in the instant bail application, that the Notice under Sections 47 and 48 of BNSS have not been properly served by informing the notices of the grounds of arrest. However, it has not been stated anywhere as to how the aforesaid provisions have not been complied with.

9. As regards the first contention regarding quantity, a perusal of the seizure list as well as the inventory prepared by the police and certified by the magistrate could show that 51 numbers of bottles of Phensigrip and dry Cough syrup of 100 ml each was seized and as per FSL report, the samples of the same seized items sent for chemical analysis confirmed the presence of codeine (codeine phosphate) in the said samples. Therefore, the quantity of Cough Syrup is well in excess of the limit of 1000 milligrams and therefore the sa