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Patna High Court

Priyanka SinghversusThe Union Of India through Intelligence Officer Narcotics Control Bureau Zonal Unit, Patna

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioners.

Summary

The petitioners, proprietors of two licensed medical agencies, sought anticipatory bail after a freight train was intercepted and 90,000 bottles of codeine‑based cough syrup (totaling 18 kg) were seized and traced to their agencies. They argued that they are innocent, have clean antecedents, and as licensed drug stockists are exempt from investigation under the NDPS Act. The Union of India opposed the bail, emphasizing that the seized quantity far exceeds the legal commercial limit and indicates a serious offence under Sections 8(c), 21(c), 27(A) and 29 of the NDPS Act. The court examined the facts, the magnitude of the seizure, and the statutory provisions governing bail in NDPS cases. It held that the seriousness of the offence and the large quantity seized outweigh any claim of exemption. Consequently, the court rejected the petitioners' application for anticipatory bail.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the NDPS Act in view of the seizure of 18 kg of codeine syrup.
  • Whether licensed drug stockists are exempt from investigation and bail provisions under the NDPS Act.
  • Whether the quantity seized exceeds the permissible commercial quantity, justifying denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • NDPS Act
  • codeine
  • drug trafficking
  • licensed drug stockist
  • commercial quantity
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.62550 of 2025

                   Arising Out of PS. Case No.-5 Year-2024 Thana- N.C.B (GOVERNMENT OFFICIAL)
                                                    District- Begusarai
                 ======================================================
           1.    Priyanka Singh W/O Manish Kumar Singh, Proprietor Usha Medical
                 Agency Resident of Neelkanthpuram Colony, Baraipur, P.S.- Chaitaipur
                 (Chitaipur), Chunar Road Chowki, District- Varanashi(Uttar Pradesh)-
                 221106 At Present Neelkanthpuram Colony, Kandawa Arnara Khaira Chak
                 Kondawa, P.S.- Chaitaipur (Chitaipur), District- Varanashi(Uttar Pradesh)
           2.    Vishal Kumar Sonekar S/O Ziya Lal Sonekar @ Jiya Lal Sonkar Resident of
                 Proprietor- Vishwanalh Medical Agency Salarpur Rasulgarh Road, P.S.-
                 Sarnath, Dist.- Varanashi (UP)-221007 At Present- N15/464- A1 Jiwdhipur
                 Khowan Bhelpur (Jivadhipur, Khowan Bhelpur), P.S.- Bhelpur, P.O.-
                 Mahnur Ganj, Dist.- Varanashi (UP-221109)

                                                                             ... ... Petitioner/s
                                                    Versus

                 The Union Of India through Intelligence Officer Narcotics Control Bureau
                 Zonal Unit, Patna New Delhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :    Mr. Bhavesh Kumar, Advocate
                 For the Union of India   :    Dr. K.N. Singh, A.S.G.
                                               Mr. Manoj Kumar Singh, C.G.C.
                                               Mr. Ankit Kumar Singh, J.C.
                                               Mr. Prabhat Kumar, Advocate
                                               Mr. Sanjay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and learned counsel appearing on behalf of the

                   Union of India.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 8(c), 21(c),
Patna High Court CR. MISC. No.62550 of 2025(4) dt.16-01-2026
                                            2/3




          27(A) and 29 of the N.D.P.S. Act.

                       3. As per prosecution case, on secret information, a

          freight train was intercepted and 90,000 bottles of 100ml each

          of Codeine Based Cough Syrup from three containers were

          seized. On enquiry, it was found that the same were sold to three

          pharmacy agencies, namely Shri Ram Pharma, Usha Medical

          Agency and Vishwanath Medical Agency. Petitioner No. 1 is

          proprietor of Usha Medical and Petitioner No. 2 is proprietor of

          Vishwanath Medical Agency.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Petitioner No. 1 is proprietor of

          Usha Medical and Petitioner No. 2 is proprietor of Vishwanath

          Medical Agency and both of them are licensed drug stockiest

          and are exempted from the preview of investigation under the

          N.D.P.S. Act. Petitioners claim clean antecedents.

                       5. On the other hand, learned counsel for the Union of

          India has vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners and submitted that in total, 18

          Kilograms of codeine were seized and the same is way above

          the legal commercial quantity.

                       6. Considering the facts and circumstances of the case
             Patna High Court CR. MISC. No.62550 of 2025(4) dt.16-01-2026
                                                         3/3




                       and recovery of huge quantity of codeine syrup, the prayer for

                       grant of anticipatory bail to the petitioners is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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