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Patna High Court

Chintu Kumar @ Suman Kumar @ Chintu Mahto @ SumanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to a bond and conditions, as the seized drug does not fall within the NDPS Act due to its low concentration.

Summary

The petitioner, Chintu Kumar, was arrested in connection with the recovery of 50 bottles of codeine phosphate cough syrup (0.2% concentration) and 1,150 tablets of nitrazepam, and charged under Section 21(C) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. He pleaded innocence and argued that, per Central Government Notification S.O. 826(E) dated 14‑11‑1985, codeine preparations containing not more than 2.5% concentration are exempt from the NDPS Act and should be dealt with under the Drugs and Cosmetics Act. The State opposed bail, noting the petitioner’s involvement in four other cases, one of which also relates to the NDPS Act. The Court examined the concentration issue, the statutory exemption, and the petitioner’s custody period, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents. The order directs that bail should not be delayed pending verification.

Issues considered

  • Whether the seized codeine phosphate cough syrup, containing 0.2% codeine, falls within the ambit of the NDPS Act despite the charge under Section 21(C).
  • Whether the petitioner is entitled to bail given the nature of the offence and his other pending cases.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • codeine concentration
  • drug seizure
  • Drugs and Cosmetics Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86004 of 2025
                     Arising Out of PS. Case No.-223 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
                 Chintu Kumar @ Suman Kumar @ Chintu Mahto @ Suman Son of Krishna
                 Prasad @ Krishna Mahto @ Kishan Mahto Resident of Village - Chilri, Ward
                 No.- 6, P.S.- Sonbarsa, District – Sitamarhi           ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ayush Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   19-03-2026                    Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sonbarsa P.S. Case No. 223 of 2025, F.I.R. dated 25.07.2025

                   registered for the offences punishable under Sections 21(C ) of

                   the N.D.P.S. Act.

                                3. The case relates to recovery of 50 bottles each of

                   100 ml. total 05 litres codeine phosphate Cough Syrup and 1150

                   tablets of NITRAZEPAM-IP.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has not committed any offence as

                   alleged in the F.I.R. He further submits that the Central

                   Government has issued Notification No. S.O. 826(E) dated

                   14.11.1985 which is given hereunder:-

                                                   “S.O. 826(E). - In Exercise of the powers
Patna High Court CR. MISC. No.86004 of 2025(3) dt.19-03-2026
                                            2/3




                                          conferred by sub-clause (b) of clause (xi) of
                                          section 2 of the Narcotic Drugs and
                                          Psychotropic Substances Act, 1985 (61 of
                                          1985), the Central Government hereby
                                          declares the following narcotic substances
                                          and preparations to be manufactured
                                          drugs, namely :-
                                       35. Methyl morphine (commonly known as
                                          ‘Codeine’) and Ethyle morphine and their
                                          salts (including Dionine), all dilutions and
                                          preparations     except   those   which   are
                                          compounded with one or more other
                                          ingredients and containing not more than
                                          100 miligrams of the drug per dosage unit,
                                          and with a concentration of not more than
                                          2.5% in undivided preparations and which
                                          have been established in Therapeutic
                                          practice.
                       5. In this case, Codeine phosphate cough syrup has

          been recovered and the concentration of the codeine in this drug

          is approximately 0.2% which is less than 2.5% as provided in

          the above notification so the present case does not fall under the

          N.D.P.S. Act, which falls under the Drugs and Cosmetic Act and

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 26.07.2025.

                       6. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner and submits that the petitioner carries four more cases,
          Patna High Court CR. MISC. No.86004 of 2025(3) dt.19-03-2026
                                                      3/3




                    other than the present one and out of four cases, one case

                    pertaining to N.D.P.S. matter, but fairly submits, on the basis of

                    paragraph-3 of the bail petition that the petitioner is on bail in

                    the pending matter.

                                 7. Considering the facts and circumstances of the case

                    as well as period of custody, let the petitioner, above named, be

                    released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                    Ten Thousand) with two sureties of the like amount each to the

                    satisfaction of learned Court of Sessions Judge-Cum-Special

                    Judge (NDPS Act), Sitamarhi in connection with Sonbarsa P.S.

                    Case No. 223 of 2025, subject to the following condition:-

                                 (1) The learned Court below shall verify the criminal

                    antecedent of the petitioner and in case at any stage, it is found

                    that the petitioner has concealed his criminal antecedents, the

                    court below shall take step for cancellation of bail bond of the

                    petitioner. However, the acceptance of bail bonds in terms of the

                    above-mentioned order shall not be delayed for purpose of or in

                    the name of verification.



                                                (Ritesh Kumar, J)
AjayMishra/-

U


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