Patna High Court
Shivam RanjanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Shivam Ranjan was arrested in connection with a case under Sections 8(c)/21(c), 25 and 29 of the NDPS Act after 360 bottles of cough syrup containing 0.2% codeine were seized from a vehicle he was travelling in. The petitioner contended that he was merely a passenger, that only a mobile phone was found on him, and that the syrup fell within the exemption for manufactured drugs under Notification S.O. 826(E) because the codeine concentration was below 2.5%. The State argued, relying on Hira Singh v. Union of India, that any non‑toxic material mixed with a contraband makes the whole quantity a commercial quantity of narcotic drug. The Court noted that under Section 2(d) of the NDPS Act the drug itself is not a narcotic drug and that the Central Government can issue notifications, and consequently found no jurisdictional impediment to granting bail. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether the cough syrup containing 0.2% codeine is exempt from NDPS provisions under Notification S.O. 826(E).
- Whether the seized quantity constitutes a 'commercial quantity' under the NDPS Act.
- Whether bail should be granted to the petitioner despite the alleged possession of contraband.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 21(c), 25, 29, 2(d), 8(c)
Subjects
- bail
- NDPS Act
- codeine
- manufactured drug exemption
- commercial quantity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88568 of 2025
Arising Out of PS. Case No.-887 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Shivam Ranjan S/O Sanjay Srivastav Resident of Village - Purab Bazar, Ward
No.- 30, P.S- Saharsa, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ram Krishna Nagar P.S. Case No. 887 of 2025 registered
for the offence punishable under Sections 8(c)/21(c), 25 and 29
of the N.D.P.S. Act.
3. The case of the prosecution is that from the white
colour scorpio vehicle, altogether 360 bottles each of 100 ml
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. The petitioner has been falsely
implicated in this case. The petitioner has no concern in any
way with the alleged contraband rather he is standing nearby
Patna High Court CR. MISC. No.88568 of 2025(3) dt.30-01-2026
2/3
and from his possession only a mobile was recovered. Petitioner
is only the passenger in the said vehicle. Moreover, they are
languishing in judicial custody since 18.10.2025.
5. Learned counsel for the petitioner has 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, wiscof 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.
7. Learned APP appearing for the State has vehemently
the application for bail and has submitted that in the case of Hira
Singh and Anr. V. Union of India and Anr., the Hon’ble Supreme
Patna High Court CR. MISC. No.88568 of 2025(3) dt.30-01-2026
3/3
Court has held that entire non-toxic material which is mixed with the
contraband will be considered as the contraband and as such, the
quantity which has been recovered from the possession of the
petitioner is commercial quantity.
8. In this regard, it is worth mentioning that in view of
Section 2(d) of the N.D.P.S. Act, the drug itself is not narcotic
drug then there is no jurisdictional basis for the case and the
Court would not have a reason to go into the question of
quantities. The Central Government has power to issue
notification time to time.
9. 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
Sessions Judge/Special Judge(NDPS), Patna in connection with
Ram Krishna Nagar P.S. Case No. 887 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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