JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition for seeking regular bail. It has been asserted that the police arrested the petitioner in F.I.R. No. 42 of 2023, dated 02.09.2023 registered at Police Station Nerwa, District Shimla, for the commission of offences punishable under Section 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’). The facts stated in the F.I.R. are fabricated, concocted and without any basis. The Magistrate did not draw any sample and the entire bulk was sent for chemical analysis. The report of the Chemical Examiner does not mention the percentage of Codeine Phosphate in the cough syrup. The contents of Codeine Phosphate are less than 10 mg (per dosage) and the same is not beyond the prescribed quantity. No offence is made out under the provisions of the NDPS Act. Syrup Rukscof is a cough syrup and is used for therapeutic purposes. The contents of the Codeine Phosphate would be less than 10 mg per 100 ml and it is lawfully permissible to sell such cough syrup in the open market. It can be transported, kept in stock and sold as a prescribed drug under Schedule H of the Drugs and Cosmetics Act. The