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2025 Supreme(HP) 1554
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J.
Shivam Shukla - Applicant
Versus
State of H.P. - Respondent
Cr. MP(M) No. 2315 of 2025
Decided On : 20-11-2025
Advocate Appeared:
For the Applicant :Mr. K.B. Khajuria, Advocate
For the Respondent:Mr. Tejasvi Sharma, Additional Advocate General with Mr. Rohit Sharma, Dy. Advocate General
Interim bail granted in NDPS case pending Supreme Court decision on whether codeine phosphate cough syrup constitutes manufactured drug, protecting personal liberty from indefinite curtailment.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Sections 22 and 29 - Bharatiya Nagarik Suraksha Sanhita - Section 483 - Bail application during pendency of trial - Applicant apprehended based on disclosure statement of co-accused from whom nitrazepam tablets (below commercial quantity) and codeine phosphate cough syrup vials (alleged commercial quantity) recovered - Further recovery of similar vials from applicant’s medical store - FSL confirmed presence of nitrazepam and codeine - Whether cough syrup containing codeine phosphate constitutes manufactured drug attracting rigors of Section 37 - Issue pending reference before Supreme Court - Applicant’s liberty cannot be curtailed indefinitely - Interim bail granted subject to conditions and final decision on reference. (Paras 14, 15, 16, 20)
(B) Personal liberty - In cases where legal question under reference before higher court, interim relief appropriate to prevent prolonged detention pending authoritative pronouncement. (Paras 16, 20)
Facts of the case:
Police received secret information leading to apprehension of person in possession of nitrazepam tablets (total 291.5 grams, below 500 grams commercial quantity threshold) and codeine phosphate cough syrup vials. Disclosure statement led to search of medical store from which additional vials recovered, confirmed by FSL to contain codeine. Investigation complete with charge sheet filed.
Findings of Court:
Applicant released on interim bail on personal bond of Rs.1,00,000/- with one surety, subject to conditions including regular court attendance, no tampering, no leaving country without permission, and surrender if reference decided adversely.
Issues: Whether drug containing codeine phosphate falls within definition of manufactured drugs under NDPS Act; grant of bail pending decision of reference by Supreme Court.
Ratio Decidendi: Given pendency of authoritative decision on classification of codeine phosphate cough syrup as manufactured drug before Supreme Court, interim bail granted to safeguard liberty during trial pendency, without prejudice to merits or regular bail.
Result: Bail application allowed.
| Table of Content |
|---|
| 1. applicant claims innocence, cough syrup not ndps manufactured drug. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 9 , 10) |
| 2. secret information leads to recovery of nitrazepam, codeine syrups. (Para 11) |
| 3. nitrazepam below commercial quantity; codeine vials exceed limits. (Para 12 , 13 , 14) |
| 4. conflicting judgments on codeine phosphate as manufactured drug. (Para 15) |
| 5. interim bail granted pending supreme court decision on classification. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
JUDGMENT :
Virender Singh, J.
Applicant Shivam Shukla has filed the present application, under Section 483 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) for releasing him, on bail, during the pendency of the trial, arising out of FIR No. 42 of 2025, dated 15.4.2025, registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS’), with Police Station, Rohru, District Shimla, H.P.
2. The applicant has pleaded the fact that he is innocent person and has falsely been implicated, in the present case.
3. According to the applicant, he has been nabbed in this case, on the alleged disclosure statement, made by his co-accused, during investigation. He has further pleaded that he has no concern whatsoever, with the contraband, allegedly recovered, in the present case.
4. As per the further stand of the applicant, investigation, in the present case, is complete and charge sheet has been filed before the learned Additional Sessions Judge-I, Shimla, and the matter is stated to be fixed for supplying the documents.
5. It is the further stand of the applicant that he is a young man of 28 years, having bright future, and in case, he is not released on bail, it will adversely affect his future.
6. It is the further case of the applicant that the recovered cough syrup does not fall within the definition of manufactured drugs as per Section 2 (xi) of the NDPS Act.
7. Elaborating his stand, it has been pleaded that although, cough syrup contains Codeine Phosphate, however, same does not fall under the ambit of Narcotic Drugs and Psychotropic Substances Act, since the same is schedule H1 drug as per the Drugs and Cosmetics Act, 1940 and Rules 1945. As such, according to the applicant, rigors of Section 37 are not applicable, in the present case.
8 The applicant has further pleaded that as per notification No. S.O. 826 (E), dated 14.11.2985, the Central Government has declared certain narcotic substances and preparations to be manufactured drug, and as per Entry at serial No. 35 of the said notification, methyl morphine and ethyl morphine and their salts have been explained.
9. The applicant, through his counsel, has undertaken to abide by the terms and conditions, to be imposed by this Court, in case, he is ordered to be released on bail, during the pendency of the trial.
10. On these submissions, a prayer has been made to allow the bail application.
11. When put to notice, the police has filed the status report, disclosing therein, that on 15.4.2025, H.C.Vishal Nainta No. 88, alongwith other police officials, in a private vehicle bearing registration No.HP-77-0243 had left Police Station, Rohru, for patrolling duty, traffic checking duty and duty to detect the crime, relating to Excise and Narcotics, within the jurisdiction of Police Station, Rohru, Police Station, Jubbal and Chirgaon etc.
11.1. When, I.O., H.C. Vishal Nainta No. 88, alongwith other police officials, was present at Samala, Rohru, then, at about 5:05 a.m., he received a secret information that one Sanju Rai, who is resident of Nepal, and presently residing at Parola in Uttrakhand, has kept prohibited drugs Codeine and Nitrazepam with him, and that said Sanju Rai was present in the premises of New Bus Stand, Rohru, District Shimla. As per the information, he is having a green and black coloured zip bag, and containing a large quantity of prohibited drugs, i.e. Codeine and Nitrazepam. His age is stated to b
