Patna High Court
Md. Absar Alam @ Absar Alam @ Md. AbsarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Md. Absar Alam, was arrested for alleged possession of 227.5 litres of Eskuf cough syrup containing codeine, alleged to violate Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He argued that the syrup, with a codeine concentration of about 0.2%, falls within the exemption under Notification S.O. 826(E) dated 14‑11‑1985 of the Narcotic Drugs and Psychotropic Substances Act, and therefore does not constitute an offence. The State opposed bail, citing three prior criminal antecedents. After hearing both sides, the Court considered the low concentration of codeine and the statutory exemption, and decided to grant bail on condition of a Rs.10,000 bond with two sureties. The order directs the petitioner to appear before the Special Excise Judge‑III, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bihar Prohibition and Excise Act.
- Whether the recovered cough syrup is exempt as a manufactured drug under the NDPS Act notification, thereby affecting the nature of the offence.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Narcotic Drugs and Psychotropic Substances Act
- codeine
- manufactured drug exemption
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21793 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- GAIGHAT District- Muzaffarpur
======================================================
Md. Absar Alam @ Absar Alam @ Md. Absar S/o Md. Kasim R/o vill -
Chakrdah, ward no. 8, P.s.- Araria, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Gaighat P.S. Case No. 111 of 2025 registered for the
offence punishable under Sections 30(a) and 41(1) of Bihar
Prohibition and Excise Act which was earlier rejected by the
learned co-ordinate Bench of this Court vide Cr. Misc. No.
45226 of 2025.
3. The case of the prosecution is that from a swift
dzire car, altogether, 227.5 liters of Eskuf cough syrup
containing codeine was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.21793 of 2026(2) dt.06-04-2026
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case. In this case, now the charge sheet has been filed by the
police. Moreover, the petitioner is languishing in judicial
custody since 22.04.2025.
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, Eskuf Cough syrup containing codeine
has been recovered from a car 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 for the State has vehemently opposed
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the prayer for bail and has submitted that petitioner is having
three criminal antecedents.
8. 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 Special
Excise Judge-III, Muzaffarpur in connection with Gaighat P.S.
Case No. 111 of 2025.
(Ashok Kumar Pandey, J)
shubham/-
U T
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