Patna High Court
Sanu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court held that the case does not fall under the NDPS Act but under the Drugs and Cosmetic Act and therefore granted bail.
Summary
The petitioner, Sanu Kumar, was arrested after a vehicle stop yielded 239.2 litres of codeine cough syrup and he was charged under Section 21(c) of the NDPS Act. He applied for bail, claiming innocence and arguing that the syrup's codeine concentration (0.2%) falls below the 2.5 mg threshold defined in the 1985 Government notification, thus not constituting a narcotic under the NDPS Act. The counsel further contended that the matter should be dealt with under the Drugs and Cosmetic Act, rendering the NDPS provisions inapplicable. The State opposed the bail. The Court agreed that the seizure does not meet the NDPS definition of narcotic, held that the case pertains to the Drugs and Cosmetic Act, and consequently granted bail on a bond of Rs.10,000 with two sureties. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the seized codeine cough syrup falls within the definition of a narcotic under the NDPS Act.
- Whether the NDPS Act, specifically Section 21(c), is applicable to the case or the matter should be governed by the Drugs and Cosmetic Act.
- Whether the petitioner is eligible for bail pending trial.
Legislation cited
Subjects
- bail
- NDPS Act
- codeine
- narcotic definition
- Drugs and Cosmetic Act
- illegal drug seizure
- preliminary observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34882 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
Sanu Kumar Son of Baijnath Yadav Resident of Village- Kanp, P.S.- Sour
Bazar, District- Saharsa, At present residing at N.I.T. Ghat, P.S.- Pirbahore,
District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Union of India India.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in N.D.P.S. Case No.
18/2026, arising out of Maheshkhunt P.S. Case No. 60 of 2026
registered under Section 21(c) of the N.D.P.S. Act.
3. In course of vehicle checking one Bolero pick up
was stopped. Petitioner and other accused person were
apprehended. From the vehicle 239.200 litre of illegal codeine
cough syrup was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner is in custody since 11.04.2026 having
Patna High Court CR. MISC. No.34882 of 2026(2) dt.20-05-2026
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clean antecedent. Learned counsel further submits that as per
notification of Government of India of 1985 any mixture
containing less than 2.5 MG of Codeine will not come within
the definition of narcotic. The content of codeine in these syrups
are around 0.2%. Thus, this preparation will not come within the
definition of narcotic in the NDPS Act. In such view of the
matter the judgment of E. Micheal Raj Vs. Intelligence Officer,
Narcotic Control Bureau reported in (2008) 5 SCC 161 and
Hira Singh and Another Vs. Union of India and Another
reported in 2020 INSC 348 have no application and thus, there
is no question of calculation of the small, intermediate or
commercial quantity in the case. The matter essentially falls
within Drugs and Cosmetic Act.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering that the case falls under the Drugs and
Cosmetic Act and not under the NDPS Act, this bail application
is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge (N.D.P.S. Act),
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Khagaria in connection with N.D.P.S. Case No. 18 of 2026,
arising out of Maheshkhunt P.S. Case No. 60 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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