Patna High Court
Soni KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the cough syrup, containing only 0.2% codeine, falls within the exemption for manufactured drugs under the notification, and therefore the petitioner is entitled to bail.
Summary
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 prior criminal record, was in custody since June 2025, and that the syrup fell within the exemption for manufactured drugs under Notification S.O. 826(E) because its codeine concentration was below 2.5%. The State cited Supreme Court precedent that any non‑toxic material mixed with contraband makes the whole contraband, seeking to deny bail. The court examined the applicability of the notification and Section 2(d) of the NDPS Act, concluding that the syrup is exempted as a manufactured drug and that the jurisdictional basis for treating it as a commercial quantity is lacking. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged possession of codeine‑containing cough syrup.
- Whether the quantity of the seized syrup constitutes a "commercial quantity" under the NDPS Act.
- Whether Notification S.O. 826(E) exempts the seized preparation as a manufactured drug.
- Whether Section 2(d) of the NDPS Act removes the court's jurisdiction to consider the quantity.
Legislation cited
- Drugs and Cosmetics Act — s. 27(b)(ii), 27(d), 28
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 21(c), 22(b), 2(d), 8
Subjects
- bail
- narcotic drugs
- codeine
- NDPS Act
- Drugs and Cosmetics Act
- manufactured drug exemption
- commercial quantity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25706 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- ANGARGHAT District- Samastipur
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Soni Kumari, D/o Mahendra Ram @ Mahindra Ram, Resident of Village-
Dhamsaini, Ward No. 10/46 P.S.- Saharsa Sadar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has renewed her prayer for grant of
regular bail in connection with Angarghat P.S. Case No. 68 of
2025 registered for the offence punishable under Section 28,
27(b)(ii) and 27(d) of the Drugs and Cosmetics Act and Sections
8, 21(c) and 22(b) of the N.D.P.S. Act which was earlier rejected
by learned Co-ordinate Bench of this Court vide order dated
15.11.2025 passed in Cr. Misc. No. 60645 of 2025.
3. The case of the prosecution, in short, is that total
97.4 liters of Wiscodin Cough Syrup containing codeine was
recovered from a Swift Dzire Car. There were three persons in
the car. One was the driver and remaining two were lady
passengers.
Patna High Court CR. MISC. No.25706 of 2026(2) dt.01-05-2026
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4. Learned counsel for the petitioner has submitted
that petitioner is having no criminal antecedent and she is
languishing in judicial custody since 19.06.2025. It has further
been submitted that similarly situated co-accused Arpana
Kumari has already been granted bail by learned Co-ordinate
Bench of this Court vide order dated 04.02.2026 passed in Cr.
Misc. No. 65286 of 2025. The case of this petitioner stands on
similar footing.
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.
Patna High Court CR. MISC. No.25706 of 2026(2) dt.01-05-2026
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6. In this case, Wiscodin Cough Syrup 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 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
form the possession of this 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
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of the like amount each to the satisfaction of the learned
Principal District and Sessions Judge, Samastipur in connection
with Angarghat P.S. Case No. 68 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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