The recovery of cough syrup containing Codeine Phosphate in bail matter was found to be sufficient ground to reject the bail application.

PUSHPENDRA SINGH BHATI, J.

1. The petitioners have moved these bail applications under Section 439 Cr.P.C

2. The allegations in FIR No. 107/2017 (S.B Criminal Misc. Bail Application No. 3790/2017) registered at Police Station Sangeria pertain to the offence under Sections 8/21 and 25 of the NDPS Act and Section 18C/27B of the Drugs Act; in FIR No. 244/2017 (in S.B Criminal Misc. Bail Application No. 4979/2017) registered at Police Station Jawahar Nagar pertain to the offence under Section 8/21 of the NDPS Act and; in FIR No. 153/2017 (in S.B Criminal Misc. Bail Application No. 5055/2017) registered at Police Station, Sangaria, District Hanumangarh pertain to the offences under Section 8/21 of the NDPS Act and Section 18C/27B of the Drugs Act.

3. In S.B Criminal Misc. Bail Application No. 3790/2017, on 18.02.2017, when petitioner-Gavranjeet Singh @ Gavrana was caught in the nakabandi, 199 bottles of Wincerex Cough Syrup were recovered. The bail application of the petitioner was rejected by the learned court below on 25.04.2017 on the ground that the Wincerex Cough Syrup fell under the provisions of Sections 8/21 & 25 of the NDPS Act and Section 18 C/27 B of the Drug and Cosmetics Act, and was thus, a serious offence.

4. In S.B Criminal Misc. Bail Application No. 4979/2017, on 08.05.2017, when petitioner-Kanwar Pal Singh was caught in the nakabandi, 34 bottles of Codeine Phosphate Triprolidine Hydrochloride Syrup Raxee 100 ml were recovered. The bail application of the petitioner was rejected by the learned court below on 16.05.2017

5. In S.B Criminal Misc. Bail Application No. 5055/2017, on 19.03.2017, when petitioner-Mahendra Singh was caught in the nakabandi, 250 bottles of Wincerex and 298 strips of Carisoma tablets were recovered. The bail application of the petitioner was rejected by the learned court below on 03.04.2017

6. Learned counsels for the petitioners have shown to this Court the definition of ‘Narcotic Drug’, as prescribed under Section 2(xiv) of the NDPS Act and also the definition of ‘manufactured drug’ as prescribed under Section 2(xi) of the NDPS Act, which read as under:—

“2. Definitions -

(xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium poppy straw and includes all manufactured drugs;

(xi) “manufactured drug” means-

(a) all coca derivatives medicinal cannabis, opium derivatives and poppy straw concentrate;

(b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug, but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not be a manufactured drug;”

7. Learned counsels for the petitioners also drawn the attention of this Court to the S.O 1055(E) dated 19.10.2001, whereby the Narcotic Drugs and Psychotropic Substances and their small quantity and commercial quantity have been defined.

8. The cough syrup in question contained codeine, which is at serial No. 28 of the Schedule aforementioned. The Chemical Name of Codeine is 3-0-methylmorphine. The small quantity in the Schedule for the same is 5 grams and commercial quantity is 100 grams.

9. From the record, it is clear that Wincerex contained Codeine Phosphate and Triprolidine Hydrochloride Syrup. Each bottle contained 100 ml. Wincerex, and therefore, there was 200 grams of Codeine Phosphate. Thus, in one of the petitions relating to recovery of 199 bottles, there was 39.80 grams of Codeine Phosphate in totality, and 4.97 grams of Triprolidine, with total content of 44.77 grams.

10. Thus, learned counsels for the petitioners were trying to point out that from the Schedule, as mentioned above, the commercial quantity of Codeine was 100