Patna High Court
M/s Ravi Medical Agency through its Proprietor Gautam KumarversusThe State of Bihar through represented through the Station House Officer, Rajoun, Banka
- Decided
- Disposal
- ALLOWED
- Bench
- SOURENDRA PANDEY
Holding
The order dated 15.10.2025 refusing release of the seized medicines is set aside and the seized Schedule ‘H’ drugs are to be released to the petitioner.
Summary
M/s Ravi Medical Agency, a licensed wholesaler and C&F agent, challenged the order of the Special NDPS Judge that refused to release 12,000 bottles of codeine‑containing syrups seized during transport. The petitioner argued that the medicines were covered by valid wholesale licences, GST registration, and state guidelines permitting C&F agents to purchase and supply Schedule ‘H’ drugs without a quantitative ceiling. The State contended that the seizure was justified under the NDPS Act and that the quantity exceeded the limit prescribed in a government circular. The High Court examined the applicability of Sections 36 and 451 of the CrPC, the NDPS Act, and the Drugs and Cosmetics Act, and held that the seized items were for medicinal purposes and fell within Schedule ‘H’, making the seizure unlawful. Relying on Supreme Court and High Court precedents, the Court set aside the Special Judge’s order and directed the release of the medicines, noting that non‑release would amount to an abuse of process. The petition was consequently disposed.
Issues considered
- Whether the seizure of Schedule ‘H’ codeine syrups from a C&F agent holding a valid licence is lawful under the NDPS Act.
- Whether provisions of the Criminal Procedure Code, particularly Section 451, permit the release of seized narcotic substances.
- Whether the quantity limit imposed by the government circular applies to a C&F agent/Depot.
- Whether refusal to release the seized medicines constitutes an abuse of the legal process.
Legislation cited
Subjects
- NDPS Act
- Schedule H
- Codeine
- Seizure
- Release of confiscated goods
- Abuse of process
- C&F agent
- Quantity limit
- Criminal writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84151 of 2025
Arising Out of PS. Case No.-398 Year-2024 Thana- RAJAON District- Banka
======================================================
M/s Ravi Medical Agency having its Registered Office at-Naugachhia Road,
Sub-Health Center, Rajendra Nagar, W.No-3, Makhatakiya Part-43,
Naugachhia, Bhagalpur-853 204 through its Proprietor Gautam Kumar S/o-
Sri Sikandar Yadav, Residing at Marwa, Bhagalpur – 853 201.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Station House Officer, Rajoun,
Banka Bihar
2. The State Drug Controller cum Chief Licensing Authority, Department of
Health and Family Welfare, Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Kumar, Advocate
For the State : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 06-02-2026
Heard Mr. Avinash Kumar, learned counsel for the
petitioner and Ms. Pushpa Sinha, learned APP appearing on behalf
of the State.
2. The present application has been filed for quashing of
the order dated 15.10.2025 passed by the learned District and
Additional Sessions Judge-I-cum-Special Judge, N.D.P.S. Act,
Banka in connection with Spl. N.D.P.S. Case No. 06 of 2025,
arising out of Rajoun P.S. Case No. 398 of 2024 dated 21.08.2024
for the offences under Sections 21(c)/22(c)/25 of the Narcotic
Drugs and Psychotropic Substances Act, 1985.
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3. Learned counsel for the petitioner submits that the
petitioner is a proprietorship firm and is engaged in sales and
distribution of medicines under valid wholesale license being
License No.- BR-BHR-185791 (Form-20B) and License No. -BR-
BHR-185792 (Form-21B). It has been submitted that the
petitioner’s firm is also registered under the GST Act having GST
Registration No.- 10CKPPK2430R1ZX. It has been contended that
the petitioner’s firm was appointed as C & F Agent by M/s
Abionix Healthcare, having License No. -GJ-MEH-235259 (under
Form-20B) and GJ-MEH-235260 (under Form-21B), registered
office at Godown no.- 23, Vande Mataram Center, Near
Ramdevpir Mandir, at Kadi, District-Mahesana, Gjuarat- 382 715
and entered into an agreement being C & F Agent Agreement
dated 17.07.2024 for the products with brand name RJT-SCEN
Syrup and RTX-SCEN syrup in the markets of Bihar.
4. It has been submitted that M/s Abionix Healthcare, at
the same time, also appointed M/s Heal and Pure Enterprises as
Carrying and Forwarding Agent and entered into an agreement
being C & F Agent Agreement dated 31.07.2024 for the products
with brand name RJT-SCEN Syrup and RTX-SCEN syrup in the
markets of Jharkhand.
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5. Learned counsel for the petitioner submits that two
medicines with brand name RJT-SCEN Syrup and RTX-SCEN
syrup are the combination of two drugs, namely Codeine
Phosphate and Triprolidine Hydrochloride. It has been submitted
that M/s C.B. Healthcare situated at Himachal Pradesh has the
manufacturing license for the same and the said drugs is being
marketed by M/s. Abionix Healthcare. The said marketing
company supplied the syrups with valid tax invoices to M/s Heal
and Pure Enterprises, Jharkand and the said M/s Heal and Pure
Enterprises supplied the aforementioned medicine to the
petitioner’s firm against tax paid invoices and e-way bills were
also generated.
6. Learned counsel for the petitioner submits that it was
during the course of transportation of such syrup from the C & F
namely M/s Heal and Pure Enterprises to the C & F petitioner’s
firm, the same was intercepted and despite the fact that the driver
of the vehicle showed all the requisite papers in support of the
goods, the syrups were confiscated and Rajoun P.S. Case No. 398
of 2024 was registered.
7. Learned counsel for the petitioner submits that it was
alleged by the prosecution that the persons, who were apprehended
along with the syrups were asked to produce documents but they
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did not do so and, therefore, the goods were seized and a seizure
list was prepared, however, in fact, the driver had produced all the
requisite documents including the tax paid purchase invoices and
e-way bills but the same was not taken into consideration.
8. The learned counsel for the petitioner submits that the
petitioner’s firm immediately approached the concerned police
officer as well as the S.P. and produced all the documents
including the copy of license, GST registration certificate and the
tax paid invoices and e-way bills but they showed their
helplessness and took a plea that FIR has already been instituted
and the medicines have been seized and, therefore, they cannot be
released without the intervention of the court.
9. The learned counsel for the petitioner further submits
that since there is no provision under the NDPS Act for release of
the confiscated items, the petitioner preferred a Criminal Writ
Petition being Cr.WJC No. 546 of 2025 before this Hon’ble Court
for release of the aforesaid medicines, however, the said
application was disposed of vide order dated 08.07.2025 with a
liberty to the petitioner to move before the learned Special Judge
under the NDPS Act for the release of the medicines in question
which is a Schedule H drugs.
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10. Learned counsel for the petitioner submits that the
petitioner’s firm though moved before the learned District and
Additional Sessions Judge-I-cum-Special Judge, NDPS Act, Banka
for the release of the goods, however, his prayer was rejected vide
order dated 15.10.2025 on frivolous grounds and, therefore, by
filing the present application the said order dated 15.10.2025 has
been challenged.
11. Learned counsel for the petitioner submits that the
allegations levelled in the FIR are baseless and misconceived and
is completely against the law. It has been contended that the
primary reason for rejection of the petitioner’s application was that
under the NDPS Act there is no provision for release of seized
substance and moreover in terms of the Government Circular the
petitioner being wholesaler is entitled to sale and purchase of
Codeine syrup with a limit of 1000 bottle only whereas in the
present case he has bought 12000 bottles and, therefore, the same
is contrary to the Government Circular.
12. Learned counsel for the petitioner contends that as
far as the first ground of rejection is concerned, the same is
untenable in law as Section 36 of the NDPS Act becomes relevant
which contains that the provisions of the Cr.P.C./BNSS is
applicable if it is not inconsistent or contrary to the provisions of
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the NDPS Act which is a special enactment. It has been submitted
that in the present situation Section 451 of the Cr.P.C. provides for
order for custody and disposal of property pending inquiry and
trial in certain cases.
13. The learned counsel for the petitioner submits that as
far as the second round of rejection is concerned, it may be noted
that Entry 35 in notification titled “Manufactured Narcotics Drug”
(as contained in Government of India Notification No. S.O. 826
(E) dated 14.11.1985 and S.O. 40(E) dated 21.09.1993 and S.O.
No. 1431(E) dated 21.06.2011) issued in exercise of powers
conferred by Sub Clause (b) of Clause (xi) of Section 2 of the
NDPS Act which pertains to substance Methyl Morphine
(commonly known as Codeine).
14. It has been submitted that the guidelines and
direction which has been issued by the State Drug Controller,
Bihar, Patna vide office order contained in memo no. -268(15)
dated 17.02.2016 in light of the decision taken in a meeting
convened under the Chairmanship of Additional Chief Secretary,
Health Department. From perusal of the guidelines (supra), the C
& F Agent, wholesale and Retail License holder are authorized to
sale and purchase of the medicines falling under Narcotic Drugs
and Psychotropic substance to the extent the quantity prescribed in
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front of it. These guidelines were also circulated to the Narcotics
Control Bureau, still the respondents ignoring the same, seized the
medicines being supplied under valid license.
15. The learned counsel for the petitioner has relied
upon the various judicial pronouncements made by various
Hon’ble High Courts as well as the Hon’ble Supreme Court in the
case of State of Haryana vs. Naresh Kumar, 1997 Cri.LJ 4702
(P&H), Rajesh Sharma vs. Union of India and Others, 159
(2009) DLT 559 (DB) rendered by the Hon’ble Division Bench of
Hon’ble High Court as also the decision rendered by the Hon’ble
Supreme Court in the case of State of Uttaranchal vs. Rajesh
Kumar Gupta, wherein the Hon’ble Supreme Court noted that it
was not in dispute that the medicines seized from the clinic of the
accused therein fell within the purview of Schedules ‘G’ and ‘H’ of
the Drugs and Cosmetics Act. It was also not in dispute that the
same were mentioned in the Schedule to the NDPS Act, but did
not find place in Schedule-I appended to the NDPS Rules and
therefore the Hon’ble Supreme Court made an observation that all
the drugs being Item No. 1, 2, 3, 4, 6 & 7 being allopathic drugs
mentioned in Schedules G and H of the Drugs and Cosmetics Act
indisputably are used for medicinal purposes and therefore ones
the drugs are said to be used for medicinal purposes it cannot be
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denied that they are acknowledged to be the drugs which would
come within the purview of description of the expression
“medicinal purposes”.
16. It has thus been submitted that since the petitioner
was the C&F Agent and had valid license issued by the Drug
Department, therefore, carrying such drugs did not amount to any
offence under the NDPS Act and, therefore, non-release of such
consignment would amount to abuse of the process of law.
17. Learned APP appearing on behalf of the State has
opposed the prayer for release of the seized articles/medicines in
favour of the petitioner and has referred to the counter affidavit
filed stating that the authorities have admitted the fact for the
Schedule ‘H’ drugs as contained in the office order which has been
brought on record by way of Annexure-P-13 and also with the
counter affidavit, it would appear that for a C&F/Depot the
quantity is defined “As per supply”.
18. Having heard the learned counsel for the petitioner
and the learned APP for the State and on perusal of the records,
one thing is evident that the petitioner being a C&F Agent was
legally holding a license and thus entitled for purchase and supply
of such medicine. It has also been noted that there was no
restriction upon the C&F/Depot with regard to the maximum
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quantity to be purchased as it has been stated in the office order
that it was “as per supply”.
19. In view of such facts, once the seized drugs is found
to be a Schedule ‘H’ drug, the limit of the quantity cannot be
defined in case of the petitioner who is admittedly the C&F Agent
and, therefore, confiscation of such goods and non-release would
amount to abuse of the process of law. From the judgments, which
have been referred to above, by the learned counsel for the
petitioner, it would be evident that a coordinate Bench of the High
Court of Jabalpur had directed for release of the confiscated goods.
20. Thus, from the aforesaid discussions and taking into
account the judgments rendered by the Hon’ble Supreme Court as
well as the other Hon’ble High Courts, the non-release of the
seized goods of the petitioner would amount to denial of his
rightful claim over the seized items, which from the perusal of the
office orders makes it clear that the same ought not to have been
seized as the seized drugs were used for medicinal purposes and
fell under Schedule ‘H’ of the Drugs and Cosmetics Rules, 1945.
21. In the result, the order dated 15.10.2025 passed by
the learned District and Additional Sessions Judge-I-cum-Special
Judge, N.D.P.S. Act, Banka in connection with Spl. N.D.P.S. Case
No. 06 of 2025, arising out of Rajoun P.S. Case No. 398 of 2024
Patna High Court CR. MISC. No.84151 of 2025 dt.06-02-2026
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dated 21.08.2024 is, hereby, set aside and it is directed that the
seized articles/medicines be released in favour of the petitioner’s
firm.
22. The petition stands disposed of accordingly.
(Sourendra Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2026
Transmission Date 09.02.2026
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