Patna High Court
Md. Intakhab AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and two sureties.
Summary
The petitioner, Md. Intakhab Alam, was arrested in Purnea for allegedly possessing 4.2 litres of codeine‑containing cough syrup, alleged to violate Sections 8(c) and 21(c) of the NDPS Act and Section 27(i)(ii) of the Drugs and Cosmetics Act. He contended that the seizure was illegal, citing non‑compliance with Section 50 of the NDPS Act and Sections 103 and 105 of the Bihar Narcotic Substances Act, and asserted that he had no prior criminal record. The State opposed bail, arguing the seriousness of the drug offence. The Court examined the facts, the alleged procedural lapses in the seizure, and the petitioner’s lack of antecedents, and decided to grant bail on condition of a Rs 10,000 bond with two sureties. The order was pronounced by Justice Khatim Reza, releasing the petitioner from custody pending trial.
Issues considered
- Whether bail can be granted in an NDPS case involving alleged possession of 4.2 litres of codeine syrup.
- Whether the seizure of the syrup complied with Section 50 of the NDPS Act and Sections 103 and 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner poses a flight risk or a risk of tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Drugs and Cosmetics Act, 1940 — s. 27(2), 27(i)(ii)
- NDPS Act — s. 21(c), 50, 8(c)
Subjects
- bail
- NDPS Act
- codeine syrup
- drug possession
- seizure violation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92050 of 2025
Arising Out of PS. Case No.-361 Year-2025 Thana- Sahayak Khajanchi District- Purnia
======================================================
Md. Intakhab Alam Son of Md. Idris Resident of Village- Barbatta, Ward No.
07, P.S.- Amour, District- Purnea, At present Khurshid Alam Noor Akhat
Road, Near Chhoti Masjid, Line Bazar, P.S.- Sahgayak K. Hatt, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv.
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Sahayak
Khazanchi P.S. Case No. 361 of 2025 dated 16.10.2025 registered
for the offence punishable under Sections 8(c) and 21(c) of the
N.D.P.S. Act and Section 27(i)(ii)/27(2) Drugs and Cosmetics Act,
1940.
3. Allegation is of recovery 4.2 litres Codeine Cough
Syrup from the shop of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
It is submitted that 42 bottles each containing 100 ml cough syrup
has been recovered and each 100 ml bottle contains 10gm/5ml
Codeine Phosphate & Triprolidine HCL and as per the prosecution
case, total 4.2 litres prohibited codeine syrup has been recovered.
As per N.D.P.S. Act, minimum quantity is 10gm and commercial
Patna High Court CR. MISC. No.92050 of 2025(2) dt.15-01-2026
2/2
quantity is 1000 gm. It is further submitted that seizure list dated
16.10.2025 has been prepared in violation of Section 50 of the
N.D.P.S. Act and Sections 103 and 105 of the B.N.S.S.. Lastly, it
has been submitted that the petitioner is in custody since
17.10.2025, having no criminal antecedent and charge-sheet has
been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds 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),
Purnea in connection with Sahayak Khazanchi P.S. Case No. 361
of 2025.
(Khatim Reza, J)
prabhat/-
U T
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