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Codeine as Psychotropic Substance - Main points and insights:
Under Section 2(xxiii) of the NDPS Act, a psychotropic substance includes any natural or synthetic substance, its salts, or preparations listed in the Schedule, regardless of its medical or scientific utility ["Birendra Lal Verma vs State of U.P. - Allahabad"].
The Act's definition encompasses both pure substances and preparations, such as cough syrups containing codeine, if they fall within the Schedule's list ["Birendra Lal Verma vs State of U.P. - Allahabad"], ["Mukesh Kumar VS State of Bihar - Patna"].
The determination of whether a substance like codeine in formulations such as Phensedyl qualifies as a psychotropic substance depends on its content and preparation, with thresholds (e.g., not more than 100 mg per dose) being critical for exemption ["Ramraj Choudhury VS State Of West Bengal - Calcutta"], ["Mukesh Kumar VS State of Bihar - Patna"].
The law considers the actual weight of the narcotic or psychotropic component in a mixture, not just the total weight of the preparation, for classification purposes. Even if codeine is present in small quantities, if it is included in the Schedule, the substance can be deemed psychotropic ["Birendra Lal Verma vs State of U.P. - Allahabad"], ["Rajit Kumar Choudhary VS UT of J&K - Crimes"].
The presence of codeine in cough syrups like Phensedyl, especially when within permissible limits, may not attract NDPS provisions; however, exceeding those limits or unlicensed possession can lead to prosecution ["Ramraj Choudhury VS State Of West Bengal - Calcutta"], ["Rajit Kumar Choudhary VS UT of J&K - Crimes"].
The legal interpretation emphasizes that preparations containing codeine, if they meet the criteria specified in notifications (e.g., less than 100 mg per dose), may be exempted, but otherwise fall under the NDPS Act ["Birendra Lal Verma vs State of U.P. - Allahabad"].
Analysis and Conclusion:
Codeine, whether in raw form or as a component of preparations like cough syrups, is classified as a psychotropic substance under Section 2(xxiii) of the NDPS Act if it appears in the Schedule. Its classification depends on its content and form.
The Act's provisions are triggered when substances are prepared or formulated in ways that include codeine within the Schedule's list, regardless of medical or scientific use, unless specific exemptions apply based on quantity thresholds.
The law explicitly states that the weight of the actual narcotic or psychotropic component in mixtures is relevant for classification, not the total weight of the preparation ["Birendra Lal Verma vs State of U.P. - Allahabad"], ["Rajit Kumar Choudhary VS UT of J&K - Crimes"].
Therefore, codeine in formulations like Phensedyl, when exceeding prescribed limits or unlicensed, is considered a psychotropic substance under NDPS, subject to penalties. Conversely, formulations within legal limits may not attract NDPS provisions.

References:- ["Birendra Lal Verma vs State of U.P. - Allahabad"]- ["Ramraj Choudhury VS State Of West Bengal - Calcutta"]- ["Mukesh Kumar VS State of Bihar - Patna"]- ["Rajit Kumar Choudhary VS UT of J&K - Crimes"]

Is Codeine a Psychotropic Substance Under the NDPS Act?

In India, the line between legal medications and controlled substances can be razor-thin, especially with common remedies like cough syrups containing codeine. Many individuals and businesses handling pharmaceuticals often ask: Whether Codeine is a Psychotropic Substance or Not under NDPS? This question arises frequently in cases involving possession, sale, or transportation of codeine-based products, raising concerns about penalties under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

This blog post delves into the legal nuances, drawing from judicial interpretations and statutory provisions. Note that this is general information based on available legal documents and should not be considered specific legal advice. Always consult a qualified lawyer for personalized guidance.

Understanding the NDPS Act: Narcotic Drugs vs. Psychotropic Substances

The NDPS Act regulates two primary categories: narcotic drugs and psychotropic substances. Section 2(xiv) defines 'narcotic drug' to include opium, coca derivatives, cannabis, and substances like codeine when processed into manufactured drugs. In contrast, Section 2(xxiii) defines 'psychotropic substance' as any substance listed in the schedules notified by the Central Government, capable of producing psychoactive effects.

Codeine, derived from opium, is not explicitly listed as a psychotropic substance in the NDPS schedules. Instead, courts have consistently treated it as a narcotic drug, particularly in formulations like cough syrups (e.g., Corex, Phensedyl). As one document notes: ‘codeine’ which is admittedly a ‘narcotic drug’ under the NDPS Act. Nasir Husain VS State of H. P. - 2024 Supreme(HP) 117

The Act must be interpreted strictly, considering its objective to curb drug abuse while balancing societal impact. HIRA SINGH VS UNION OF INDIA - Supreme Court

Key Judicial Insights on Codeine Classification

Indian courts have addressed codeine-related cases extensively, often in the context of cough syrup recoveries. A pivotal ruling clarifies that codeine-containing preparations fall under 'manufactured drugs' per Section 2(xi) of the NDPS Act.

In a case involving 110 bottles of 'Phensedyl New' (each 100g with 0.17% codeine), the court held: The weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity or in between. If the alleged contraband seized falls within the definition of 'manufactured drug' under Section 2(xi) of the NDPS Act, then the entire notification including the aforesaid 'Note 4' will be applicable. KRISHAN KUMAR S/O SITARAM vs STATE OF RAJASTHAN

This aligns with the Supreme Court's precedent in Hira Singh, stating: in case of seizure of mixture of narcotic drugs or psychotropic substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded. Mohd Ahsan VS Customs - 2022 Supreme(Del) 1905 KRISHAN KUMAR S/O SITARAM vs STATE OF RAJASTHAN

Commercial vs. Small Quantity Determinations

Determining 'small quantity' or 'commercial quantity' is crucial for penalties:- Small quantity for codeine (as narcotic): Typically lower thresholds, attracting lesser punishment under Section 27 for personal use. P. P. Beeran VS State Of Kerala - Supreme Court State of Uttaranchal VS Rajesh Kumar Gupta - Supreme Court- Commercial quantity: Entire mixture weight counts, including neutral substances like syrup base. STATE OF HIMACHAL PRADESH VS KARUNA SHANKER PURI - Supreme Court

For instance, in cough syrup cases, courts reject arguments to consider only pure codeine content. Weight of neutral substances must be included when determining if a cough syrup falls under small or commercial quantity as per NDPS Act standards. Mohd. Ahsan vs Customs

One ruling emphasized: 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. Nasir Husain VS State of H. P. - 2024 Supreme(HP) 117

Regulation of Codeine Cough Syrups

Codeine syrups are also governed by the Drugs and Cosmetics Act, 1940, but NDPS overrides for illicit possession or sale. Documents reference recoveries of Corex syrup, noting its control under both laws, but NDPS applies for violations. BINOD KUMAR @ BINOD KUMAR BHAGAT VS STATE OF BIHAR - Supreme Court

Exemptions exist for medicinal use (e.g., up to 2.5% concentration under certain notifications like S.O. 826(E)), but illegal trade triggers NDPS. In a quashing petition, the court refused relief, stating codeine mixtures do not automatically escape NDPS scrutiny. Sankar Sarkar VS State of West Bengal - 2018 Supreme(Cal) 610

Another case involving Relaxcof syrup argued: ‘Codeine’ does not fall within the meaning of psychotropic substance, as defined under section 2(xxiii) of the NDPS Act. Sankar Sarkar VS State of West Bengal - 2018 Supreme(Cal) 610 This reinforces codeine's narcotic status.

Bail and Penalty Considerations

Bail under NDPS is stringent (Section 37). Courts deny it for commercial quantities of codeine mixtures, as seen in rejections where the petitioner was found in possession of a commercial quantity of the syrup. Nasir Husain VS State of H. P. - 2024 Supreme(HP) 117

However, prolonged custody may lead to bail if trial delays persist, without opining on merits. Raghav Saini VS State of Himachal Pradesh - 2023 Supreme(HP) 356 Raj Kumar @ Laddi VS State Of Punjab - 2020 Supreme(P&H) 1675

Common Misconceptions and Practical Advice

Myth: Codeine is psychotropic. Fact: It's a narcotic drug; psychotropic substances are separately scheduled (e.g., LSD, Buprenorphine debates). Aruna @ Runa VS State Of U. T. , Chandigarh - 2020 Supreme(P&H) 830
Myth: Only pure codeine counts. Fact: Mixture weight applies. STATE OF HIMACHAL PRADESH VS KARUNA SHANKER PURI - Supreme Court Mohd. Ahsan vs Customs
Myth: Ayurvedic/opium derivatives exempt. Fact: Presence of narcotics sustains NDPS charges. Imran Rais Ahmed Musha Ittwala vs State Of Gujarat - 2025 Supreme(Guj) 1801

For pharmacies or transporters:1. Verify licenses under Drugs Rules (e.g., Rule 97E).2. Maintain records for consignments.3. Seek prescriptions for codeine products.

Conclusion and Key Takeaways

Codeine is not a psychotropic substance under the NDPS Act but a narcotic drug, especially in manufactured forms like cough syrups. Courts emphasize including neutral substances in quantity calculations, leading to severe penalties for commercial quantities. E. Micheal Raj VS Intelligence Officer, Narcotic Control Bureau - Supreme Court KRISHAN KUMAR S/O SITARAM vs STATE OF RAJASTHAN

Key Takeaways:- Always check NDPS notifications and schedules for updates.- Possession for personal use (small quantity) may invoke Section 27 leniency. P. P. Beeran VS State Of Kerala - Supreme Court- Cough syrups with codeine are 'manufactured drugs' under NDPS.- Consult notifications like S.O. 1055(E) for quantity notes.

While these insights provide clarity, laws evolve via notifications and judgments. For definitive answers, review the NDPS Act schedules, recent gazette notifications, or engage NDPS-specialized counsel. Stay informed to avoid unintended violations.

This post is for informational purposes only and does not constitute legal advice.

#NDPSAct, #CodeineLegal, #NarcoticDrugs

Imran Rais Ahmed Musha Ittwala vs State Of Gujarat - 2025 Supreme(Guj) 1801

Cr.P.C ., only has to consider whether the allegations in the FIR disclose commission of a cognizable offence or not. ... It is just not enough to prove or establish that the narcotic drug or psychotropic substance is capable of being used for a medical or scientific purpose. ... substance within the meaning of the “NDPS Act”. ... A bare reading of Section 2(xxiii) of the NDPS Act defining a “psychotropic substance....

Nasir Husain VS State of H. P. - 2024 Supreme(HP) 117

So, the L.S.D. and a substance that may or may not be either a drug or a psychotropic substance, i.e., a neutral substance. ... The aforesaid Rule 66 relates to psychotropic substances and therefore, is not applicable to ‘codeine’ which is admittedly a ‘narcotic drug’ under the NDPS Act. 46. ... However, Section 2(xxiii) includes not only a psychotropic substance specified in the....

Raj Kumar @ Laddi VS State Of Punjab - 2020 Supreme(P&H) 1675

As regard to Avil having a salt pheniranmine Meleate which is neither Psychotropic substances nor narcotic drug. Learned counsel submits that as per provisoto Rule 66 of the NDPS Act, an individual can possess 100 doses of Buprenorphine Hydrochloride. Moreover, Buprenorphine at Sr. 169 of the schedule of the NDPS Act is a debatable issue as to whether it is psychotropic substance or not. Learned counsel further submits that as per FSL report, each ML contains .28 mg/ml meaning thereby total recovery is of .28x2x52=29.12 mg.

Aruna @ Runa VS State Of U. T. , Chandigarh - 2020 Supreme(P&H) 830

Controversy with regard to Buprenorphine at serial No. 169 of the Notification/Schedule of the NDPS Act would be debatable as to whether it is a psychotropic substance or not. Pheniramine Maleate is not covered under the Schedule of the NDPS Act.

Sankar Sarkar VS State of West Bengal - 2018 Supreme(Cal) 610

Act is relatable to psychotropic substance and codeine has not been given in the list of psychotropic substance as mentioned in the schedule of the NDPS Act. 5. He further submits that ‘Codeine’ does not fall within the meaning of psychotropic substance, as defined under section 2(xxiii) of the NDPS Act and each 5 ml of Relaxcof cough syrup of 100 ml sealed bottle which contains 10 mg Codeine Phosphate IP cannot be classified as narcotic drug in view of the exemption given in item no.35 of the said government notification.

Ajid Mondal VS State of West Bengal - 2017 Supreme(Cal) 920

2. It has been argued that codeine mixture does not fall within the category of narcotic substance under NDPS Act. Reliance is placed on reported in 2017 (3) Crimes 147 (Binod Kumar @ Binod Kumar Bhagat v. State of Bihar). In the said report, seizure had been effected of corex cough syrup containing codeine which was stored in the godown of the transporter under a consignment note for transportation of another drug to a consignee.