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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
RAJEEV BHARTI, J.
Varun Lat (Lath) – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Deptt. Lko. – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 1908 of 2026
Decided on : 08-06-2026
| Table of Content |
|---|
| 1. overview of the prosecution's case and investigation findings regarding illegal medical store operations. (Para 1 , 2 , 3 , 4 , 5 , 8) |
| 2. arguments concerning valid drug licensing, exemption from ndps act for codeine-based syrup, and procedural irregularities in arrest. (Para 6 , 7 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. state opposition citing systematic diversion of commercial quantities of drugs and applicability of section 37 ndps act. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 4. statutory analysis of the ndps act, drug and cosmetics act, and the definition of manufactured drugs. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 5. regulation of codeine-based preparations under ndps when diverted for non-medicinal purposes. (Para 41 , 42 , 43 , 47 , 48 , 49) |
| 6. prima facie evaluation of evidence regarding illicit diversion and compliance with communication of arrest grounds. (Para 44 , 45 , 46 , 50) |
| 7. conclusion of bail proceedings and final order of rejection. (Para 51 , 52 , 53) |
JUDGMENT :
RAJEEV BHARTI, J.
1. Heard Shri Ayodhya Prasad Mishra, learned counsel for the applicant, Shri Anoop Trivedi, learned Additional Advocate General who has appeared through Video Conferencing, assisted by Shri Alok Tiwari, learned AGA, and perused the record.
2. This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 244 of 2025, under Sections 8/21/29 of the N.D.P.S. Act, Police Station- Tulsipur, District Balrampur.
3. The prosecution case in brief is that the informant Shri Sumit Kumar Verma, Drug Inspector submitted a written report to the SHO, Police Station Tulsipur stating that he is posted as Drug Inspector in District Gonda and is also holding additional charge of District Balrampur. Pursuant to the directions received from the Headquarter of Food Safety and Drug Administration, UP, Lucknow, Shri Shrikant Gupta, Drug Inspector inspected M/s Ashok Medical Store, Tulsipur, Balrampur on 16.10.2025. During the inspection, the proprietor of the firm Shri Ashok Kumar Lath was present and produced drug sale license bearing No. UP 4720800175 and UP 4721800175, which were valid up to 31.12.2026. During the inspection, he was required to produce purchase and sale invoices relating to ‘codeine-based medicine, Codeiva 100 ml and Proxiwim Spas capsules’ for the periods from 01.04.2024 to 31.03.2025 and from 01.04.2025 to 11.10.2025, as per the list supplied by the Headquarters. However, the same were not produced at the spot.
4. Consequently, he was directed to furnish the said invoices, considering the deficiencies found during inspection. The purchase and sale operations of the firm were suspended under Section 21(1)(d) of the Drugs and Cosmetics Act, 1940 until further orders. Thereafter, Shri Ashok Kumar produced certain purchase invoices relating to the aforesaid medicines.
5. Upon scrutiny of the purchase and sale records, it was found that the complete details relating to procurement and disposal of Codeiva cough syrup 100 ml and Proxiwim Spas capsules had not been furnished.
6. It is further submitted that not only above, the prosecution has tried to implicate the applicant in the present case on the basis of some affidavit taken under pressure from the applicant stating therein that he purchased some of cough syrup from M/s. Ashok Medical Store situated in Nai Bazar, Tulsipur, District- Balrampur and without providing any sale bill to the drug inspector. It has been presumed that the cough syrup purchased by applicant firm was diverted for other work than medicinal purposes assuming that he is guilty of the offence as provided under NDPS Act, that's why he has been sent to jail in the present case only with the presumption suspicion and imagination that the same was sold to the person other than medicinal purposes which was absolutely false, incorrect and erroneous presumption of the prosecution of the applicant.
7. It is also significant to mention
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