The court held that strict compliance with licensing conditions under the NDPS Act is essential, and significant illegal possession of narcotics justifies rejection of bail applications.

JUDGMENT :

ASHUTOSH SRIVASTAVA, J.

1. Heard Sri S. B. Singh, learned counsel assisted by Sri Zafeer Ahmad, learned counsel for the applicants as also Sri Anoop Trivedi, learned Additional Advocate General assisted by Sri Paritosh Kumar Malviya, learned AGA-1 and Sri Nitesh Kumar Srivastava, learned AGA for the State and perused the records.

2. The instant bail application under Section 483 of the BNSS, 2023 has been filed seeking the enlargement on bail in Case Crime No. 153 of 2025, under Sections 8/21 of NDPS Act, 1985 and Sections 318(4), 338, 336(3) and 340 BNS, 2023, Police Station Kotwali, District Rampur during the pendency of the trial before the court below. The bail application of the applicants before the court below was rejected by Additional Sessions Judge, Court No. 4, (NDPS Act) Rampur, vide order dated 17.10.2025 and the applicants are incarcerated in jail since 08.09.2025.

3. Both the above applicants have been charged under the aforementioned sections on the strength of the recovery memo whereby and where-under 119 boxes containing 11885 bottles of Syrup CODECTUS TR (TRIPROLIDINE HYDROCHLORIDE CODEINE PHOSPHATE SYRUP), two fake Aadhar Card is stated to have been recovered from the applicants when they were loading the said boxes in a Car. The boxes are stated to have been stocked in the house of one co-accused Anees from where the boxes were being loaded. The co-accused Anees is stated to have run away in a Swift Car while the applicants were apprehended from the spot. The wife of Anees namely Gulfisha is also alleged to be involved in the commission of the crime. The seized material was accounted for in Form 16. Samples of the Syrup would be sent to Lucknow for lab testing on Form 17/17A and 18 where-after case under the Drugs and Cosmetics Act, 1940 would be filed. The rest of the recovered boxes were seized on the spot and sealed. Two syrup each for sample and testing was obtained.

4. In the above backdrop, learned counsel for the applicants vehemently submit that both the applicants are entirely innocent and have been falsely implicated in this very case for ulterior motives. It is submitted that the Applicant No. 2, Ahsan Noori is the Proprietor of Azad Surgical and Medical Agency, Mohammad Rasulpur (Naugaza) Swar Rampur. The Applicant No. 2 has been issued a License No. UP2220B000514 and UP221B000511, issued on 1st September, 2025 and valid upto 31st August 2028 and as such is licensed to deal in bulk medicine. The boxes containing the alleged CODECTUS TR SYRUP was ordered under invoice which have been brought on record. It is argued that the Applicant No. 2 being a licencee is well within his rights to deal with the Syrup being a wholesaler and culpability cannot be fastened upon him. It is also submitted that the Applicant No. 1, Abdul Qadir has been roped in as he is a relative of the Applicant No. 2, who happened to be on the spot. No fake Aadhar Cards have been recovered nor have been used by the applicants. It is also argued that admittedly the samples have been taken by the Drug Inspector, who has no authority to obtain or prepare sample seals. It is also argued that there is no violation of the provisions of the NDPS Act or the BNS as alleged which may justify the prosecution of the applicants. The applicants have no criminal antecedents.

5. Sri S. B. Singh, learned counsel for the applicants has further argued that in fact the prosecution of the applicants under the provisions of the NDPS Act cannot be proceeded with. Elaborating his arguments further learned counsel for t