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Possession of Cough Syrup Containing Codeine Without Authorization Attracts NDPS Act:
The has clarified that cough syrup containing codeine, even in concentrations below 2.5%, does not automatically fall outside the stringent purview of the . In a significant order rejecting the of a truck owner accused of transporting thousands of bottles of such syrup, the Court emphasized that these substances are categorized as "" and strictly regulated.
The Case Background: A Discovery at Balthari The legal controversy erupted at the Balthari Check-Post in Gopalganj, Bihar. During a routine inspection, a truck bearing registration number UP32SN-3730 was intercepted. Law enforcement officials discovered approximately 3,200 bottles of "Eskuf Codeine Syrup," along with other liquid solutions, without valid supporting transport or possession documentation.
The driver, Rakesh Kumar Yadav, was arrested at the scene and identified the truck owner, Ravi Kumar Prajapati, as the person who had supplied the vehicle already loaded with these items. Following the rejection of his application by the , Prajapati approached the High Court, contending that the cough syrup—containing less than 2.5% codeine—was an essential drug governed only by the , rather than the NDPS Act.
Arguments: The Conflict of Statutes Counsel for the petitioner relied heavily on the precedent, arguing that because the concentration of codeine was below the prescribed 2.5% threshold, the substance should not be classified as a "" under the NDPS Act.
In contrast, the State, represented by the Additional Public Prosecutor, argued that the sheer volume of the seized contraband pointed toward illicit trade. They relied on authorities including , asserting that even if a substance is an essential drug, its possession without a valid permit or license is a direct violation of the NDPS Act and that the total weight of the seized syrup constitutes a "."
Legal Analysis: The Overlap and Primacy of the NDPS Act Justice Jitendra Kumar’s judgment meticulously analyzed the relationship between the Drugs and Cosmetics Act and the NDPS Act. The Court noted that clearly states that its provisions are in addition to and not in derogation of the Drugs and Cosmetics Act. Consequently, the mere designation of a substance as a medical product does not immunize a person from the NDPS Act if they lack the requisite authorization to possess or transport it in bulk.
The Court distinguished the Vibhor Rana decision, pointing out that it failed to consider the critical provisions under and , which govern the transport and possession of .
Key Observations The Court underscored the involved in these cases:
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On Regulatory Control:
"It clearly emerges from the statutory provisions of the NDPS Act and Rules made thereunder, that even the cough syrup containing codeine with concentration of less than 2.5% of total preparation is controlled and regulated for its possession, sale, purchase, transport, export, import etc."
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On the :
"It is not a case of the petitioner that he has any authorization to possess such cough syrup in such a huge quantity."
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On Judicial Approach:
"In the NDPS cases, where the offence is punishable with minimum sentence of ten years, the accused shall generally be not released on bail. Negation of bail is the rule and its grant is an exception."
The Final Verdict: Bail Denied Finding no reasonable grounds to believe the petitioner was innocent or that he would remain law-abiding if released, the Court rejected the petition. This ruling serves as a stern reminder to the pharmaceutical transport sector: the classification of a product as a "medicine" offers no legal shield when the procedural mandates for handling controlled narcotic preparations under the NDPS Act are disregarded. The case will now proceed to trial, with the petitioner remaining subject to the initial findings of the case diary and the evidence recovered from his vehicle.
