Cough syrup with Codeine Phosphate below 2.5% concentration, compounded and established in therapeutic practice, excluded from 'manufactured drug' under NDPS Act notification; bail granted post-challan pending trial proof.

JUDGMENT :

Sandeep Sharma, J.

Bail petitioner namely Yadwinder Singh, who is behind bars since 07.10.2025, has approached this Court in the instant proceedings filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita (hereinafter ‘BNSS’) for grant of regular bail in case FIR No.229 of 2025, dated 07.10.2025, under Section 22 of ND & PS Act, registered at Police Station Paonta Sahib, District Sirmaur, H.P.

2. Respondent-State has filed status report, perusal whereof reveals that on 07.10.2025 at about 06:10 p.m, while Police party was present near the IPH office, Paonta Sahib, a car bearing registration No.HP-71-6317, being driven by the bail-petitioner, was stopped for traffic checking. Since driver of the car i.e. bail-petitioner got perplexed and started making excuses, Police deemed it necessary to conduct search of the vehicle as well as above named person. Allegedly, after having associated the independent witnesses, Police conducted search of the car and found one bag containing 10 bottles of Cough Syrup marked “Lykarex-T Cough Syrup” (100 ml), containing Triprolidine Hydrochloride & Codeine Phosphate Syrup. Out of aforesaid ten bottes, one bottle was empty and the remaining nine bottles contained 10 ml of cough syrup each, as detailed hereinabove. Since, no plausible explanation ever came to be rendered on record qua possession of aforesaid prohibited drug, police after having completed necessary codal formalities, lodged FIR, detailed hereinabove and arrested the bail-petitioner and since then, he is behind bars. Since challan stands filed in the competent Court of law and nothing remains to be recovered from the bail-petitioner, petitioner has approached this Court in the instant proceedings for grant of regular bail.

3. Mr. Deepak Kaushal, learned Senior Counsel for the petitioner, vehemently argued that bail-petitioner has been falsely implicated, as such, he cannot be left to be incarcerated in jail for indefinite period during trial. He submitted that it is yet to be established on record by the prosecution that bottles of Cough Syrup named hereinabove contained a prohibited drug i.e. Codeine. While making this Court peruse Section 2 (xi) of the ND & PS Act, Mr. Kaushal, vehemently argued that contraband allegedly recovered from the conscious possession of the bail petitioner does not fall in the definition of the “Manufactured Drug”. He submitted that since contraband alleged to be recovered from the bail-petitioner is not “Manufactured Drug”, recovery, if any, of the same from his conscious possession cannot be said to be under the ND & PS Act as defined under (xiv) of the ND & PS Act, which specifically defines “Narcotic Drug” as coca leaf, cannabis, opium, poppy straw and includes all manufactured goods. While referring to (xi)(b) of the ND & PS Act, Mr. Kaushal, argued that though Central Government has power to declare any other narcotic substance or preparation to be a “Manufactured Drug”, but that would not include any narcotic substance or preparation, which it without 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 to be a “Manufactured Drug”. While referring to notification dated 14.11.1985 issued by the Central Government, learned Senior Counsel for the petitioner argued that as per Entry 35, there is an exception made that Methyl morph