Chandan Kumar vs The State Of Bihar on 2 July, 2026

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    Patna High Court – Orders

    Chandan Kumar vs The State Of Bihar on 2 July, 2026

    Author: Ashok Kumar Pandey

    Bench: Ashok Kumar Pandey

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.43053 of 2026
                         Arising Out of PS. Case No.-134 Year-2026 Thana- CHAUTHAM District- Khagaria
                     ======================================================
                     Chandan Kumar S/O Late Lakhandeo Roy R/O Village- Gulmahiyachak
                     Sabalpur, P.S.- Nadi, Distt.- Patna.
    
                                                                                      ... ... Petitioner/s
                                                           Versus
                     The State of Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                     For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                           ORAL ORDER
    
    2   02-07-2026

    Heard learned counsel for the petitioner and learned

    APP for the State.

    SPONSORED

    2. The petitioner has prayed for bail in connection

    with NDPS Special Case No.21 of 2026 arising out of

    Chautham P.S. Case No.134 of 2026 registered for the offence

    punishable under Sections 21(c), 8(c) and 29 of the NDPS Act.

    3. The case of the prosecution, in short, is that from a

    truck loaded with 7140 bottles of Sephax-TC of 100ml each

    altogether 714 litres containing codeine was recovered.

    4. Learned counsel appearing on behalf of the

    petitioner has submitted that nothing has been recovered from

    the possession of this petitioner. It has further been submitted

    that the witnesses of the seizure list are police personnel and

    police have not complied Section 105 of the BNSS while
    Patna High Court CR. MISC. No.43053 of 2026(2) dt.02-07-2026
    2/4

    making seizure. It has further been submitted that the petitioner

    is co-driver of the said truck. It has further been submitted that

    the petitioner is having no criminal antecedent and he is in

    judicial custody since 22.04.2026.

    5. Learned counsel for the petitioner has further

    submitted that under Notification No. S.O. 826(E) dated

    14.11.1985 under the Narcotic Drugs and Psychotropic

    Substances Act and Rules, 1985 that preparations are exempted

    as manufactured drugs provided the preparations contained the

    narcotic drugs to the extent permitted in respect of codeine

    under Entry No. 35. It is stated that codeine and ethyle

    morphine and their salts including dionine all dilutions and

    preparations are considered to be manufactured drugs except

    those which are compounded with one or more other ingredients

    and containing not more than 100 miligrams of the drugs per

    doses unit and with a concentration of not more than 2.5 % in

    undivided preparations and which have been established in

    therapeutic practice.

    6. In this case, Sephax-TC containing codeine has

    been recovered from the truck and the concentration of the

    codeine in this drug ranges between 0.2% to 0.4% which is less

    than 2.5% as provided in the above notification.
    Patna High Court CR. MISC. No.43053 of 2026(2) dt.02-07-2026
    3/4

    7. Learned APP appearing for the State has

    vehemently the application for bail and has submitted that in the

    case of Hira Singh and Anr. V. Union of India and Anr., the

    Hon’ble Supreme Court has held that entire non-toxic material

    which is mixed with the contraband will be considered as the

    contraband and as such, the quantity which has been recovered

    from the possession of the petitioner is commercial quantity.

    8. In this regard, it is worth mentioning that in view of

    Section 2(d) of the N.D.P.S. Act, the drug itself is not narcotic

    drug then there is no jurisdictional basis for the case and the

    Court would not have a reason to go into the question of

    quantities. The Central Government has power to issue

    notification time to time.

    9. Having heard learned counsel for the parties and

    considering the facts and circumstances of the case, this Court is

    inclined to enlarge the petitioner on bail. The above named

    petitioner is directed to be enlarged on bail on furnishing bail

    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

    of the like amount each to the satisfaction of the learned Court

    of Special Judge (NDPS Act), Khagaria in connection with

    NDPS Special Case No.21 of 2026 arising out of Chautham P.S.

    Case No.134 of 2026.

    Patna High Court CR. MISC. No.43053 of 2026(2) dt.02-07-2026
    4/4

    10. Before parting, it is very strange that the cases

    where cough syrups containing codeine are recovered, the

    police is invariably filing cases under N.D.P.S. Act whereas in

    view of the notification of Central Government (supra)

    concentration of codeine being less than 2.5 %, the quantity

    does not come under the ambit of contraband. Cough syrup

    containing codeine is only a Schedule-H drug for which, the

    shopkeeper has to maintain register and he must be a licensed

    one. Such type of cases should be filed under Drugs and

    Cosmetic Act. It is only the violation of Drugs and Cosmetic Act

    whereas, police is invariably misusing the procedure.

    (Ashok Kumar Pandey, J)
    durgesh/-

    U      T
     



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