Patna High Court
Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Saurav Kumar, was charged under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for the alleged possession of 1,175 bottles of Wiscodin cough syrup recovered from a pond. He contended that the seizure was made without his conscious possession, that the police witnesses were the only ones present, and that mandatory procedures under Section 105 of the BNSS and Section 50 of the NDPS Act were not complied with. He further relied on a 1985 NDPS notification exempting preparations containing codeine at concentrations not exceeding 2.5%, noting that the syrup contained only 0.2% codeine. The State opposed bail, but the court, after considering the lack of direct possession, procedural lapses, and the exemption, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seizure of a large quantity of cough syrup.
- Whether the seizure complied with statutory requirements of Section 105 of the BNSS and Section 50 of the NDPS Act.
- Whether the cough syrup falls within the exemption under NDPS Notification No. S.O. 826(E) dated 14.11.1985.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- NDPS Act
- codeine
- seizure
- procedural lapse
- exemption
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12580 of 2026
Arising Out of PS. Case No.-934 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Saurav Kumar S/o Surendra Mehta R/o Village - Kalhua, P.S - Shankar pur,
District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30 (a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. The case of the prosecution, in brief, is that near a
pond altogether 1,175 bottles (100 ml each) of Wiscodin Cough
Syrup were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
from perusal of the FIR itself, it is clear that the alleged
recovery was made from the bank of the pond and nothing has
been recovered from the conscious possession of this petitioner.
Patna High Court CR. MISC. No.12580 of 2026(3) dt.08-04-2026
2/3
It is further submitted that the petitioner is merely standing at
the place of occurrence. It is further submitted that all the
witnesses of the seizure list are police personnel only and no
independent witnesses have been associated with the seizure. It
is also submitted that the police have not complied with the
mandatory provisions of Section 105 of the BNSS as well as
Section 50 of the NDPS Act at the time of seizure. Moreover,
the petitioner is languishing in judicial custody since 15.12.2025
having no criminal antecedent.
5. Learned counsel for the petitioner has 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.
Patna High Court CR. MISC. No.12580 of 2026(3) dt.08-04-2026
3/3
6. In this case, wiscodin cough Syrup has been
recovered and the concentration of the codeine in this drug is
approximately 0.2% which is less than 2.5% as provided in the
above notification.
7. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
8. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Agamkuan P.S. Case No. 934 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge Excise, Patna City.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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