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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding that the statutory exemption and procedural irregularities preclude continued detention.

Summary

Manish Kumar, the owner of a vehicle from which 107.3 litres of Wiscuf cough syrup containing 0.2% codeine was seized, applied for bail under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the contraband, that the seizure violated procedural requirements (non‑compliance of Section 105 of the BNSS), and that the syrup fell within the exemption under Notification S.O. 826(E) dated 14‑11‑1985 of the NDPS Act because the codeine concentration was below 2.5%. The State argued that the seizure constituted an offence under the Bihar Act. After hearing both sides, the Court found merit in the petitioner’s arguments, particularly the statutory exemption and procedural lapse, and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the Exclusive Special Excise Judge‑I, Saharsa.

Issues considered

  • Whether the seizure of cough syrup containing 0.2% codeine attracts liability under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
  • Whether the exemption under Notification S.O. 826(E) of the NDPS Act applies to the seized product.
  • Whether the failure to comply with Section 105 of the BNSS during seizure warrants granting bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • codeine
  • NDPS exemption
  • procedural lapse
  • seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28889 of 2026
                      Arising Out of PS. Case No.-20 Year-2026 Thana- Banma Itahari District- Saharsa
                 ======================================================
                 Manish Kumar Son of Umesh Yadav Resident of Village - Arraha, Ward No.
                 8, Police Station - Saur Bazar, District - Saharsa.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rana Hason, Advocate
                 For the Opposite Party/s :         Mrs. Renuka Ratnakar(App125), APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Banma Itahri P.S. Case No. 20 of 2026 registered for the

                   offence punishable under Sections 30(a) and 41 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution is that from a vehicle,

                   altogether 107.3 liters of wiscof 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

                   case. He is the owner of the said vehicle. The petitioner has no

                   concern in any way with the alleged contraband. Nothing has
Patna High Court CR. MISC. No.28889 of 2026(2) dt.05-05-2026
                                            2/3




          been recovered from his conscious possession. There is no

          independent witness of the seizure list. Police has not complied

          section 105 of BNSS while preparing seizure. A statement has

          been made in para-3 of this petition that the petitioner has got no

          criminal antecedent and he is languishing in judicial custody

          since 03.02.2026.

                       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, wiscuf Cough syrup containing codeine

          phosphate has been recovered from a vehicle and the
             Patna High Court CR. MISC. No.28889 of 2026(2) dt.05-05-2026
                                                         3/3




                       concentration of the codeine in this drug is approximately 0.2%

                       which is less than 2.5% as provided in the above notification.

                                    7. 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

                       Exclusive Special Excise Judge-I, Saharsa in connection with

                       Banma Itahri P.S. Case No. 20 of 2026.



                                             (Ashok Kumar Pandey, J)
lata/-

U        T


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