Cough syrups containing codeine phosphate within the limits prescribed by the Central Government notification (not exceeding 100 mg per dosage unit) are treated as manufactured drugs for therapeutic use and not as prohibited narcotic drugs under the NDPS Act.

CAV JUDGMENT

Heard learned counsel for the petitioners and the learned APP appearing on behalf of the State.

2. The present applications have been preferred for quashing and to set aside the order of cognizance dated 22.08.2022 passed by the learned Sessions Judge-cum-Special Judge, NDPS, Madhepura in connection with NDPS Case No. 15/2020(S)/CIS No. 15/2021, arising out of Singheshwar P.S. Case No. 228 of 2020 by which learned Sessions Judge took cognizance under Sections 8(c), 21(c), 22(c), 23, 24, 25, 27(A) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act, 1985) and Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and for quashing the order/form of charge with three heads dated 10.09.2024 by which charge has been framed under Sections 21(c), 22(c) of the Narcotics Drugs and Psychotropic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2018 .

3. The facts giving rise to the present application is to the effect that from a written complaint lodged by Gangasagar Chaudhary, A.S.I., Singheshwar Police Station stating that on 27.09.2020 at about 16:30 hours, while on patrolling duty, he received a secret information that a large quantity of codeine-based intoxicants was being transported in a container truck (No. HR55W/9959) and a Tata Magic vehicle to the house of Tarun Singh at Village Rampatti, Ward No. 05. After informing senior officers, including the Circle Officer, he proceeded towards the spot and found out that certain cartons were being unloaded from the container truck and loaded into the Tata Magic by Tarun Singh, Bimal Kumar, Mukesh Singh, Suman Das and others. On seeing the police, the accused persons tried to flee, however, one person, Suryamani Pandey, driver of the container truck, was apprehended. Subsequently, in the presence of two independent witnesses, Babul Kumar and Munna Yadav, the informant and the Circle Officer conducted personal searches before proceeding further.

4. That after the search following items were seized, which are as follows:

275 cartoons of Wiscoff Company’s Codeine Phosphate & Triprolidine Hydrocloride Syrup.

5. Thereafter, following due procedure and in the presence of the Magistrate and two independent witnesses, the search of the white Tata Magic vehicle (Engine No. 275IDI07- NRYSJ7470; Chassis No. illegible) was conducted. During the search, seven cartons containing Wiscof company’s Codeine Phosphate and Triprolidine Hydrochloride syrup were recovered from the said vehicle.

6. The learned Counsel for the petitioner submits that the F.I.R. is false and the petitioner has been falsely implicated in the case without any evidence against him. Even if the allegations are assumed to be true, no offence under the N.D.P.S. Act or any other law is made out against him. The petitioner is only a Whole- Time Director of Om logistics Ltd., and he has been wrongly shown as the “owner,” while the company itself has not been made an accused.

7. The learned counsel for the petitioner submits that Om Logistics booked a consignment on the instruction of client M/s Windlas Biptexh Pvt Ltd. (Dehradun), which is the licensed manufacturer of the said cough syrup. The learned counsel for the petitioner further submits that a Good Receipt was generated by M/s Om logistics for the transportation of the said Wiscof Cough syrup to two licensed pharmacies viz., 1. Bimal Medical Agency