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Drugs and Cosmetics Act

41 judgments · newest first · showing 1–41

SANJAY MANOHAR KUMBEPHALKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

APPLICATION ALLOWED

The applicant, Sanjay Kumbephalkar, sought quashment of an FIR registered for alleged illegal operation of a de‑addiction centre, alleging offences under IPC Section 420, the Maharashtra Medical Practitioners Act, and the Drugs and Cosmetics Act. The prosecution argued that the centre was …

SHAIKH AYANUDDIN AZIMUDDINversusTHE STATE OF MAHARASHTRA

APPLICATION ALLOWED

The High Court considered a bail application filed under Section 483 of the BNSS by Shaikh Ayanuddin Azimuddin, who was arrested in connection with a narcotics case involving the illegal sale of codeine‑containing cough syrup. The prosecution alleged that the applicant had regular telephone contact …

KADAR SIRAJ NOORANIversusTHE STATE OF MAHARASHTRA

Allowed

The applicant, Kadar Siraj Noorani, was arrested in August 2024 after police seized 505 bottles of codeine phosphate based cough syrup from his residence, alleging offences under Sections 8(c) read with 22(c) and 29 of the NDPS Act. He has been in custody for nearly two years without charge framing …

Dharamveer KumarversusThe State of Bihar

DISMISSED

The petitioner, Dharamveer Kumar, was arrested on 12 May 2026 in connection with a case registered under Sections 8, 21(c) and 22(b) of the NDPS Act and Sections 18(a) and 18(c) of the Drugs and Cosmetics Act. The prosecution alleged that 31 bottles (3.1 litres) of Codeine Phosphate and Triprolidine …

Shah Ayub @ Aiyub Sah @ Aiyyub @ Shah AiyubversusThe State of Bihar

ALLOWED

The petitioner sought regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, where 157.90 litres of cough syrup alleged to contain codeine were recovered from his house. The petitioner contended that he had no possession of the syrup, was falsely implicated, …

M/s Jahanvi Medical HallversusThe State of Bihar

DISPOSED

The petitioner, Jahanvi Medical Hall, challenged the cancellation of its drug licence by the Assistant Drug Controller on 29 July 2019, alleging that the cancellation was made without considering the material on record and on non‑existent grounds. The High Court had earlier stayed the operation of …

Mohammad RizwanversusThe State of Bihar

BAIL GRANTED

Petitioners Mohammad Rizwan and Bauna Kasim were arrested in connection with a seizure of large quantities of narcotic tablets and capsules, alleged under sections 21 and 22 of the NDPS Act and section 111 of the Bharatiya Nyaya Sanhita. They contended that they had no possession of the drugs or the …

Ramnandan KumarversusThe State of Bihar

ALLOWED

The petitioner was arrested in connection with the seizure of 96 litres of Zing Cirex‑T cough syrup containing 0.2% codeine, and was charged under Sections 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and 317(5) of the Bihar Narcotic Substances (BNS) Act. He contended that he …

Md. SahebversusThe State of Bihar

ALLOWED

The petitioner, Md. Saheb, sought anticipatory bail fearing arrest in a NDNDPS case concerning 479 litres of Berry Safe cough syrup containing codeine. He argued that the syrup, with 0.2% codeine, falls below the 2.5% threshold set by a Central Government notification, making it a Schedule‑H drug …

Shyamnandan KumarversusThe State of Bihar

ALLOWED

The petitioner, Shyamnandan Kumar, sought regular bail in a case under Sections 8(c) and 21(c) of the NDPS Act for alleged possession of 7,560 bottles of codeine‑containing cough syrup. The prosecution alleged that the syrup was seized from a house and that the quantity constituted a commercial …

Kameshwar Sah @ Kamlesh SahversusThe State of Bihar

ALLOWED

The petitioner, a licensed drug dealer under the Drugs and Cosmetics Act, was arrested after police seized 295 tablets of various medicines, 17 grams of ganja, and other narcotic items from his shop. He contended that the medicines were held under his valid license and that he had no knowledge of …

Sonu KumarversusThe State Of Bihar

ALLOWED

The petitioner, Sonu Kumar, was arrested in connection with the seizure of 791 litres of codeine‑containing cough syrup from a godown, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passer‑by, had no possession of the seized …

Ali Ahmad @ MunnaversusThe State of Bihar

BAIL GRANTED

The petitioner, Ali Ahmad, was arrested in connection with the recovery of 7.29 kg of heroin (smack) and charged under Sections 8(c), 21(c) and 29 of the NDPS Act, later having a charge framed under Section 27(c) of the Drugs and Cosmetics Act. He had been in custody since 1 July 2025 and earlier …

Md. AslamversusThe State of Bihar

BAIL GRANTED

The petitioner, Md Aslam, sought anticipatory bail in connection with a case alleging possession of 2,175 bottles of 100 ml cough syrup containing codeine phosphate and triprolidine hydrochloride, alleged to be offences under Section 21(c) of the NDPS Act. He contended that the syrup falls within …

JAY KRISHNA KUMAR @ JAI KRISHNA KUMARversusThe State of Bihar

DISMISSED

Jay Krishna Kumar was arrested after police recovered 55 litres of codeine‑containing cough syrup from his residence, alleged to be a commercial quantity of a narcotic. The petitioner applied for regular bail for the third time, claiming innocence, lack of conscious possession, and clean …

Prashant KumarversusThe State of Bihar

ALLOWED

Petitioner Prashant Kumar, a licensed drugstore owner, was arrested and charged under Section 21(c) of the NDPS Act after a police raid recovered various pharmaceutical preparations from his shop. He submitted that his licenses (Nos. 20B and 21B) are valid until 17‑10‑2027, he has no criminal …

Rakesh RaiversusThe State of Bihar

ALLOWED

The petitioner, Rakesh Rai, sought regular bail in an NDPS case (Sec. 21(c)) after 760 litres of Eskuf cough syrup containing 0.2% codeine was seized from a pick‑up van. He contended that he was neither the driver nor the owner, that the seizure was conducted by police officers who were not …

VikramversusThe State of Bihar

ALLOWED

The petitioner, Vikram, sought bail in a case where 7.5 litres of codeine phosphate and triprolidine HCl cough syrup were seized from a scooty and the offence was alleged under Section 21(C) of the NDPS Act. He contended that he neither owned nor drove the scooty, that the seizure was conducted by …

Soni KumariversusThe State of Bihar

ALLOWED

The petitioner, Soni Kumari, sought regular bail for alleged possession of 97.4 liters of Wiscodin cough syrup containing 0.2% codeine, recovered from a car. The prosecution argued that the quantity constituted a commercial amount of contraband under the NDPS Act. The petitioner contended she had no …

Dharmendra KumarversusThe State of Bihar

DISMISSED

The petitioners, four individuals apprehended during a police raid on Chandramohan Singh's house where large quantities of cough syrups containing codeine were seized, filed an application to quash the FIR registered under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that …

Vinod KumarversusThe State of Bihar

ALLOWED

The petitioners, Vinod Kumar and Rohit Kumar, were arrested in connection with a case (P.S. No.1040/2025) for allegedly possessing 200 litres of codeine‑containing cough syrup recovered from a tempo, an offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioners …

Rohit Kumar @ Rohit PaswanversusThe State of Bihar

ALLOWED

The petitioners, Vinod Kumar and Rohit Kumar, were arrested in connection with a case involving the seizure of 200 litres of codeine‑containing cough syrup from a tempo, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act. They contended that Vinod was merely the …

PRAVEEN JAINversusSTATE OF U.P.

The High Court considered a bail application filed by Praveen Jain, who is accused under Sections 8, 21 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly possessing 202 gm of various scheduled drugs. Jain contended that he was falsely implicated, that no drugs were …

Gaurav Kumar Singh @ Gaurav Singh @ Sunny KumarversusThe State of Bihar

ALLOWED

Gaurav Kumar Singh was arrested after 6.7 litres of Wiscorex cough syrup containing codeine were seized from his house and he was charged under Section 21(c) of the NDPS Act. The petitioner sought regular bail, contending that the seizure was not made in accordance with Section 105 of the BNSS and …

SAURABH GUPTA @ SAURABH KUMARversusSTATE OF U.P. AND 3 OTHERS

DISMISSED AS INFRUCTUOUS

The applicant, Saurabh Gupta, sought anticipatory bail under Section 482 of the CrPC in a case involving alleged supply of codeine‑based cough syrups under the NDPS Act. He claimed false implication and argued that his conduct, if any, pertained only to a licence violation under the Drugs and …

Varun KumarversusThe State of Bihar

BAIL GRANTED

Varun Kumar was arrested on 20 January 2026 for alleged possession and sale of 250 bottles of codeine‑phosphate cough syrup, alleged to be a contravention of Section 21(b) of the NDPS Act. The petitioner argued that the syrup contained only 0.2% codeine, which is below the 2.5% threshold specified …

Md. Dilawar @ Dilawar Ansari @ DilawarversusThe State of Bihar

ALLOWED

The petitioner, Md. Dilawar, was arrested for alleged possession of 2 litres of codeine‑containing cough syrup and charged under sections 8(c) and 21(b) of the NDPS Act. He contended that the syrup contained only 0.2% codeine, falling below the 2.5% threshold prescribed in Notification S.O. 826(E) …

Bhola Rai @ Bhola RayversusThe State of Bihar

ALLOWED

The petitioner, Bhola Rai, was arrested as the driver of a van from which 760 litres of codeine‑containing Eskuf cough syrup was seized, and he was charged under Section 21(c) of the NDPS Act. He contended that he had no involvement in the alleged contraband, had no prior criminal record, and that …

Upendra RaiversusThe State of Bihar

ALLOWED

The petitioner, Upendra Rai, was arrested as the driver of a truck from which 392 litres of Wiscof cough syrup containing 0.2% codeine were seized, and he was charged under Sections 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He contended that he had no knowledge of …

Manish Kumar @ Manish Kumar BhagatversusThe State of Bihar

ALLOWED

Manish Kumar was arrested after police seized 234 capsules of Spasmo Proxyvon Plus and 499 tablets of Alprazolam from his shop. He filed a regular bail petition under the NDPS Act, arguing that the quantities were small or intermediate, that he held a valid licence, that the drugs were not recovered …

Sachin kumarversusThe State of Bihar

ALLOWED

Sachin Kumar was arrested with 912 litres of Onerex Wings cough syrup containing 0.2% codeine phosphate and charged under Sections 21(c) and 29 of the NDPS Act. The petitioner pleaded innocence, argued that the seizure violated procedural requirements and that the low concentration of codeine falls …

Md. Istiyak AlamversusThe State of Bihar

BAIL REJECTED

The petitioner, Md. Istiyak Alam, sought regular bail in a special NDPS case involving offences under Sections 277 and 278 of the IPC, Sections 27(i)(ii) and 27(2) of the Drugs and Cosmetics Act, and Sections 8(c), 21(b), 30(a) of the NDPS Act as well as Section 30(a) of the Bihar Prohibition and …

Ashish Yadav @ Ashish Kumar @ Anand @ Surya BhaiversusThe State of Bihar

ALLOWED

The petitioner, Ashish Yadav, was arrested in connection with a case involving the seizure of 97.4 litres of codeine‑containing cough syrup (Wiscodin) and charged under Sections 28, 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act and Sections 8, 21(c) and 22(b) of the NDPS Act. The prosecution’s …

Rajesh KumarversusThe State of Bihar

BAIL GRANTED

Petitioner Rajesh Kumar was arrested in June 2025 for alleged possession of 30 bottles of Wincerex cough syrup and 547 tablets of various medicines, offences punishable under Section 21(C) of the NDPS Act. He contended that the contraband was recovered from a joint family house and that he did not …

Kanhaiya Kumar SinghversusThe State of Bihar

BAIL REJECTED

The petitioner, Kanhaiya Kumar Singh, was alleged to be operating a shop without a valid license and selling sub‑standard and counterfeit medicines. A raid based on secret information recovered a large quantity of such medicines, and the petitioner was charged under Sections 18(a)(i), 15A, 27(c) and …

Arpana KumariversusThe State of Bihar

BAIL GRANTED

The petitioner, Arpana Kumari, was arrested as a passenger in a Swift Dzire from which 974 bottles of Wiscodin cough syrup were seized during a police vehicle‑checking drive on 18‑06‑2025. She was charged under Sections 28, 27(b)(ii) and 27(d) of the Drugs and Cosmetics Act and Sections 8, 21(c) and …

CPL ASHISH KUMAR CHAUHAN (RETD.)versusCOMMANDING OFFICER & ORS.

2023 INSC 857Appeal(s) allowed

The appellant, a retired Air Force corporal, was transfused with a unit of blood at 171 Military Hospital in 2002 during Operation Parakram. He later discovered he was HIV positive in 2014 and alleged that the transfusion was the source of infection, seeking compensation for loss of earnings, …

STATE OF UTTARANCHALversusRAJESH KUMAR GUPTA

2006 INSC 826Dismissed

The State of Uttarakhand appealed against the High Court’s order granting bail to Rajesh Kumar Gupta, an Ayurvedacharya who was arrested for allegedly dispensing unlabelled tablets containing psychotropic substances such as phenobarbitone and chlorodiazepoxide, claimed to be herbal cures for …

M/S. NATURALLE HEALTH PRODUCTS (P) LTD.versusCOLLECTOR OF CENTRAL EXCISE, HYDERABAD

2003 INSC 623Appeal(s) allowed

Mis Naturalle Health Products (P) Ltd. manufactured medicated cough drops, throat drops, Sloan's balm and Sloan's rub under an Ayurvedic drug licence and claimed that the products should be classified under Chapter 3003.30 of the Central Excise Tariff as Ayurvedic medicaments, attracting nil duty. …