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IN THE HIGH COURT OF JUDICATURE AT PATNA
Jitendra Kumar, J.
Md. Arman Ansari @ Arman Ansari, S/O Md. Ibrahim Ansari - Petitioner
Versus
The State of Bihar - Opposite Party
Criminal Miscellaneous No.32593 of 2025
Decided On : 09-09-2025
Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482 [Cr.P.C., 197 – Section 438] – Anticipatory Bail – Offences under Sections 21 (c), 22 (c) and 25 of N.D.P.S., Act 1985 – Huge quantity of Codeine and Nitrazepam recovered – In view of Notification of the Central Government dated 2.2.2001, commercial quantity of Codeine is 1 kg., whereas commercial quantity is of Nitrazepam and if the quantity of seized Codeine Cough Syrup and narcotic Nitracross tablets containing Nitrazepam is taken into consideration with the neutral substance, the seized contraband certainly comes into category of commercial quantity in view of the huge amount of cough syrup and Nitracross Tablets recovered from house of the petitioner – Hence, Section 37 of the NDPS Act comes into play – However, from the facts and circumstances of the case and materials on record petitioner found guilty of the alleged offence – Further, there is nothing on record to find that the petitioner is unlikely to commit an offence while on bail – Application rejected. (Paras 65 & 66)
JUDGMENT :
Jitendra Kumar, J.
Introduction
The present Criminal Miscellaneous Petition has been filed by the Petitioner under Section 482 B.N.S.S. for anticipatory bail in connection with N.D.P.S. Case No. 61 of 2024 in the Court of learned Sessions Judge, Katihar arising out of Town Katihar (Sahayak) P.S. Case No. 659 of 2024, registered for the offences punishable under Sections 21 (c), 22(c) and 25 of the N.D.P.S., Act, 1985 against the Petitioner and co-accused, Mahboob Alam.
Prosecution Case
2. The prosecution case as emerging from the written report of Assistant Officer Incharge of Sahayak Police Station, Katihar is that on 09.09.2024, the Informant/Police Officer got secret information at about 10:05 O’clock that the co-accused, Mahboob Alam @ Lal Khan is selling codeine syrup and intoxicant medicine and he has concealed such contraband in the house of Arman Ansari and also in the bush nearby his house. He sells that contraband after taking out from that place of storage. Hence, Sanha No. 246 of 2024 was lodged on 09.09.2024 and the Superintendent of Police was accordingly informed by Memo No. 2102 of 2024 dated 09.09.2024 for further proceeding and constituting a team. Hence, after getting instruction from the superior officers, the Informant along with other police officers proceeded to the place of storage of the contraband and when the team reached near the house of the Petitioner, one person came out of the house and seeing the police, he started fleeing away. The house of the Petitioner was searched and two bags were recovered, one bag was containing 400 bottles of cough syrup of 100 ml. each and as per description on the bottle, the cough syrup contains “Codeine Phosphate & Triprolidine Hydrocloride Syrup WISCOF DX” containing codeine. The other bag was containing 300 Nitracross Tablets. Further four containers were also recovered from his house containing 850 Nitracross Tablets. When the police further proceeded to the place of bansfiti, one person was seen to be fleeing away from the bush and after search of the bush, three bags were recovered and every bag was containing 200 bottles of cough syrup of 100 ml. each containing “Codeine Phosphate & Triprolidine Hydrocloride Syrup WISCOF DX” and one bag was containing 1440 Pyeevon Spas Plus Tablet
Rejection of Anticipatory Bail Petition of the Petitioner by the Court of Sessions, Katihar
3. Prior to moving this Court, the Petitioner had preferred anticipatory bail petition before the Sessions Judge, Katihar. However, the anticipatory bail application of the Petitioner was rejected by learned Sessions Judge holding as follows:
“Perused the record, it transpires that on search of Arman Ansari’s house, 400 bottle codeine cough syrup, 1150 tablets of pyeevan spasplus was recovered and 100 bottle codeine cough syrup and 1440 tablet of payeevan spasplus was recovered from the place where Lal Khan @ Mahboob Alam was hiding. Charge Sheet has been submitted against the Petitioner in this case.
In view of the aforesaid facts, this is not a fit case for grant of privilege of anticipatory bail to the Petitioner. Accordingly, the prayer for anticipatory bail of the Petitioner is hereby rejected”
4. I heard learned counsel for the petitioner and learned APP for the State.
Submission on behalf of the Petitioner
5. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He also submits that the prosecution against the Petitioner is vitiated in view of the non-compliance of the mandatory provisions of Section 42 of the N.D.P.S., Act at the time of making search and seizure.
6. He further submits that cough syrup with codeine is not a narcotic drug and hence, the petitioner cannot be prosecuted under the NDPS Act. At most, the Drugs and Cosmetics Act, 1940 read with Rules made thereunder may be applied against the petitioner. Here, he refers to and relies upon Vibhor Rana v. Union of India, 2021 SCC OnLine All 908.
The court held that possession of narcotic drugs in significant quantities under NDPS Act warrants stringent bail conditions, emphasizing the necessity of statutory compliance regarding search and se....
Possession of cough syrup containing codeine qualifies as a narcotic under the NDPS Act, with strict bail conditions imposed that were not satisfied in this case.
The main legal point established in the judgment is the strict application of the NDPS Act, particularly in cases involving the sale of contraband substances, and the court's discretion in granting a....
The accused must satisfy the twin conditions under Entry 35 of the Notification and produce necessary evidence of engagement in therapeutic practice for medical or scientific purposes to overcome the....
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-chall....
The possession of cough syrup containing Codeine Phosphate falls within the purview of the NDPS Act and is covered as an essential narcotic drug under Section 9(1)(a)(va) of the NDPS Act. The entire ....
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.
Object of bail is to secure attendance of accused in trial and proper test to be applied in solution of question whether bail should be granted or refused is whether it is probable that party will ap....
The court emphasized that under the NDPS Act, the burden of proof shifts to the accused, especially in cases involving commercial quantities of narcotic drugs, necessitating custodial interrogation.
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