ORDER

Applicants Dubraj Singh Patel, Pappu Sahu, Jitendra Gupta, Paras Kumar Rawat and Punit Kewat had filed criminal revision against framing of charge vide order dated 06.09.2022 by Special Judge, NDPS Act, Rewa (M.P.). Charges under Section 8(C) and 21 of NDPS Act is framed against the applicants.

2. As per prosecution story, FIR is lodged on 16.07.2020 against applicants for committing offence under Section 5/13 of M.P. Drugs Control Act, 1949 and Sections 8, 21, 22, 25 and 25-A of NDPS Act, 1985.

Police stopped one Pick-up vehicle bearing No. MP-53-GA-3222. Vehicle was driven by one Paras Kumar Rawat. Punit Kewat and Pappu Sahu were sitting in the vehicle and one Jitendra Kumar Gupta of Sidhi has directed them to take the vehicle to Rewa. They loaded 90 boxes of Onerex cough syrup having codeine. Said cough syrup is to be taken to one Dubraj Singh Patel of Sidhi. Vehicle and contraband substance was seized and accused Paras Kumar Rawat, Punit Kewat and Pappu Sahu were arrested.

3. Counsel appearing for the applicants Dubraj Singh Patel and Pappu Sahu submitted that Dubraj Singh Patel is a licensee wholesale druggist and was authorized person to transport cough syrup. No case is made out against the applicants. Business was run by applicant Dubraj Singh Patel - 4 - under name and style of D.R. Medical Store. Applicant Dubraj Singh Patel has permission to sell drugs other than those which are specified in Schedule C, C(I) and X. Chemical codeine falls under Schedule H. Therefore, applicant's license was valid for selling Onerex cough syrup. It is submitted that applicants made order for purchase of medicines to Shri Shanti Nath Enterprises, Prem Nagar, Gali No.1, New Delhi. Thereafter, medicines was sent through transport Gurukripa Fright Movers, which was delivered at Shrivastav Transport at Chorhata, District Rewa on 14.7.2020. Copy of GST Invoice dated 13.7.2020 and bilty invoice dated 13.7.2020 were placed on record as Annexure A/5. It is submitted that on 15.7.2020, applicant no.1 hired a vehicle Pickup Van No.MP-53-GS-3222 for carrying said medicines from Rewa to Sidhi. When medicines were loaded on the vehicle, Police Chorhata raided Shrivastava Transport at REwa and took the said vehicle loaded with medicines to Police Station Chorhata and registered offence and made illegal demand from applicants. When demand was not fulfilled, on next day i.e. on 16.7.2020 FIR was registered against the applicants and other co-accused persons. It is further submitted that manufactured Drug has been defined in Section 2(xi) of NDPS Act.

Central Government has issued notification No.S.O.826(E) dated 14.11.1985 which declares certain narcotics substances to be manufactured drugs. Entry No.35 of Notification reads as follows:- "Methyl morphine (commonly known as 'Codeine'’) and Ethyl morphine and their salts (including Dionine), all dilutions and preparations except those which are compounded with one or more other ingredients and containing not more than 100 milligrams of the drug per dosage unit and with a concentration of not more than 2.5 per cent in undivided preparations and which have been established in therapeutic practice."

- 5 - 4. Learned counsel for the applicants further relief on judgment passed by this Court in case of Shiv Kumar Gupta vs. State of M.P. passed in Cr.R No.200/2015, wherein Court has held as under:- "12. Now the Court shall consider as to what was the concentration of Codeine Phosphate in undivided preparations? At the outset let it be mentioned that there is no report of any Forensic Science Laboratory on record.

However, in the case of Amrik Singh vs. State of Punjab, 1996 CRI. L. J. 3329, the Punjab and Haryana High Court was faced with similar situation. In that case, cough syrup Phensedyle was seized from the possession of the accused in 125 ml. bottles. Each bottle contained codeine phospha