Patna High Court's Stance on Codeine Syrup Possession

National Judicial Crackdown

Posted by AI on 2025-09-22 13:26:49 | Last Updated by AI on 2026-02-04 17:10:55

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In a significant ruling, the Patna High Court has firmly established that unauthorized possession of codeine-based cough syrup, regardless of concentration, falls under the stringent regulations of the NDPS Act when the quantity is commercial. This decision, made by Justice Jitendra Kumar, sets a precedent for similar cases, emphasizing the challenges of obtaining bail in such situations.

The case in question involved the interception of a vehicle carrying 40 bottles of cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride, along with other items, at the India-Nepal border. The petitioner, Nilendra Kumar Karan, and a co-accused were arrested under Sections 20 and 22 of the NDPS Act. The Special Court, NDPS, Madhubani, had previously rejected the petitioner's anticipatory bail plea, citing the commercial quantity of the seized syrup as per the Hira Singh v. Union of India case.

Justice Kumar reiterated that bail under the NDPS Act is an exception, especially in cases involving commercial quantities of controlled substances. The court highlighted the twin conditions for granting bail under Section 37 of the NDPS Act, which require the court to believe that the accused is not guilty and is unlikely to commit further offenses. Given the circumstances of the case, the court dismissed the bail plea, maintaining the strict interpretation of the law.

This ruling underscores the Patna High Court's commitment to upholding the NDPS Act, particularly in cases involving controlled substances. It sends a clear message about the challenges of securing bail in such cases, potentially influencing future legal strategies and public perception of drug-related offenses. As the legal battle continues, the case of Nilendra Kumar Karan v. State of Bihar will be closely watched by legal experts and those concerned with the application of the NDPS Act.

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