AI Overview...
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Weight of Cough Syrup in NDPS Cases - Courts emphasize that the gross weight of the entire contraband, including the liquid and containers, is to be counted when determining quantities under the NDPS Act, rather than just the active ingredient content or net weight. For example, in case Praduman Justa VS State of Himachal Pradesh - Himachal Pradesh, it was held that the gross weight of the drug is relevant for classification under the Schedule, and each 100 ml bottle of cough syrup containing codeine phosphate was considered based on its total weight (183.15 to 189.85 mg per 100 ml). Similarly, in ANIL KUMAR vs STATE OF HP - Himachal Pradesh, the total weight of 11.846 kg for 91 vials was considered, regardless of the individual content percentage.
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Absence of Mentioned Weight in FIR - In some instances, FIRs do not specify the weight of the seized cough syrup, as noted in MUGAL HUSSAIN PARAMANIK vs THE STATE OF ASSAM - Gauhati, where the FIR and forwarding reports lacked mention of the weight, even though samples were sent for forensic analysis.
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Legal Standards for Bail under NDPS - The courts consistently highlight that bail under the NDPS Act is granted only if there are reasonable grounds to believe the accused is not guilty or unlikely to commit further offences. The conditions under Section 37 require that the accused's involvement in the contravention and the risk of fleeing or committing further offences be sufficiently established (Ankit Bang Maheshwari vs The State Of Madhya Pradesh - Madhya Pradesh, Khem Raj vs Narcotics Control Bureau - Himachal Pradesh, Emeka Prince Lath VS State NCT of Delhi - Crimes).
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Delay in Trial and Bail - Prolonged detention due to trial delays can be a ground for bail, especially when the conditions of Section 37 are not met, or the trial is not expeditiously progressing (Khem Raj vs Narcotics Control Bureau - Himachal Pradesh, Emeka Prince Lath VS State NCT of Delhi - Crimes).
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Legal Procedure and Rights - The importance of proper legal procedures, including the requirement of a written notice and adherence to rights under Section 50 of the NDPS Act, is underscored, though some judgments clarify that these procedural safeguards do not negate the need for considering weight and other factors during bail proceedings (EMEKA PRINCE LATH Vs STATE NCT OF DELHI - Delhi).
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Case Examples and Forensic Evidence - Seized contraband, such as cough syrup containing codeine, is often quantified by total weight, with forensic reports supporting the classification and legal proceedings. For instance, in SHUVAM SHUKLA vs STATE OF HP - Himachal Pradesh, the weights of different syrups were specified, and the argument that some do not fall within the definition of manufactured drugs was rejected, emphasizing the significance of total weight.
Analysis and Conclusion:
The primary insight is that in NDPS cases involving cough syrups, courts focus on the gross weight of the entire contraband rather than just the active ingredient content. This approach influences classification, sentencing, and bail considerations. The absence of weight details in FIRs does not preclude legal proceedings, but forensic evidence and total weight are crucial for establishing offence parameters. Moreover, procedural safeguards like Section 50 notices are recognized but do not override the importance of accurate weight assessment for legal classification and bail decisions.
Search Results for "Not Mentioning the Weight of Cough Syrup in Ndps and Bail"
2025 Supreme(Online)(MP) 3205 • India - High Court of Madhya Pradesh
Dinesh Kumar Paliwal, J
under the NDPS Act were not met. ... the NDPS Act, bail is not to be granted unless there are reasonable grounds for believing the accused is not guilty and unlikely ... syrup containing codeine phosphate, has been in detention since March 2024. ... actual content by weight of the offending drug, while determining the “small or commercial quantity” of the Narcotic Drugs or Psychotropic Substances.” ... The SLP filed by the applicant for grant of #HL_....
2022 0 Supreme(P&H) 1636 • India - Punjab and Haryana
B. S. WALIA
The prosecution witnesses had not been examined, and the petitioner referenced several judgments to support the bail application. ... Issues: The issues involved the petitioner's entitlement to regular bail, violation of Section 50 of the NDPS Act, and the ... The court also considered the petitioner's involvement in another case under the NDPS Act. ... State of Haryana 2018 (2) RCR (Criminal) 339, entire proceedings stand vitiated and that continued detention of the petitioner is illegal, in view of #....
2025 0 Supreme(HP) 335 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr. Justice Virender Singh, J
as the conditions under Section 37 of the NDPS Act were not met, and the trial should be expedited. ... reasonable grounds for believing the accused is not guilty and not likely to commit further offences while on bail - The provisions ... - Delay in trial cited as a ground for bail - Rigors of Section 37 of NDPS Act applicable due to commercial quantity of contraband ... Mentioning the criminal history of the applicant, it has been contended on beha....
• India - Crimes
ANISH DAYAL
apply – Bail on ground of undue delay in trial is unfettered by rigours by Section 37 NDPS where there is prolonged custody even ... Act has not been overcome by petitioner – If trial does not proceed expeditiously and there is prolonged custody, petitioner shall ... 439 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483] – Bail application – Petitioner seeking regular bail in FIR under Section ... (emphasis added) 12.11 There is nothing in the analysis in Ranjan Kumar Chadha (su....
2024 Supreme(Online)(DEL) 31512 • India - High Court of Delhi
MR. JUSTICE ANISH DAYA L, J
(emphasis added) 12.11 There is nothing in the analysis in Ranjan Kumar Chadha (supra) which emphasises on a written notice mentioning ... This petition is filed by the petitioner seeking regular bail in FIR No. 391/2022 under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) and Sections 468/471 Indian Penal Code, 1860 (‘ a href="./.. ... if he waives his right to be so searched voluntarily, and chooses not to exercise the right provided to him under Section 50 of the #HL....
• India - Gauhati
It is seen from the FIR of the case as well as the Forwarding Report annexed to this petition and the status report of the concerned Investigating Officer submitted today that there is no mention about the weight ... It is submitted that the samples of seized contraband articles of RC-Kuff cough syrup and Simplex+ capsules have already been forwarded to the Directorate of Forensic Science and Laboratory ... Case No. 64/2020 on furnishing bail bond of Rs. 40,000/- with two local sureties of the like amount to the satisfa....
2025 Supreme(Online)(HP) 8689 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
CODILANTE-T Codeine is present in the exhibit stated to be Codilante-T Syrup in cloth parcel marked as A-2 Total weight of Syrup=2.721 Kg ANREX Codeine is present in the exhibit stated to be Anrex Syrup in cloth parcel marked as A-2 Total weight of Syrup=5.923 kg ... It is the further case of the applicant that the recovered cough syrup does not fall within the definition of manufactured drugs as per Section 2 (xi) of the #HL_START....
2016 0 Supreme(HP) 1058 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
This contention was repelled and it was held that the gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the medicinal preparation for finding out the actual weight of the drugs in reference to the Schedule under the NDPS Act. ... It is not in dispute that each 100 ml. bottle of Phensedyl cough syrup contained 183.15 to 189.85 mg. of codeine phosphate and the each 100 ml. bottle of Recodex cough #HL_STA....
2024 Supreme(Online)(HP) 9036 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Room was checked and one black coloured backpack, make PUMA, was found lying on the side of the bed and when, the same was opened, it was found containing 91 vials of codeine phosphate and chloropheuiramine maleate syrup. Total weight of the said bottles was found to be 11.846 kg. ... As per applicant, he has allegedly been caught by the police, on the ground that he was possessing of 91 vials of cough syrup. The applicant is stated to be in judicial custody for more than 2 years and 2 months and the chances of conclusi....
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