Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic Substances (BNSS) Rules — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41
- Narcotic Drugs and Psychotropic Substances Act
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
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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
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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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