GULVEJversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 28640 of 2026

Gulvej
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)               :   Chandra Bhushan Prasad
Counsel for Opposite Party(s)          :   G.A.

Court No. - 66
           HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Chandra Bhushan Prasad, learned counsel for the applicant,
Sri P.K. Malviya, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 242 of 2026, under Section 8/21
N.D.P.S Act, Police Station Budhana, District Muzaffar Nagar, during the
pendency of the trial.

3. Contention of learned counsel for the applicant is that, as per the
prosecution story, police intercepted one car bearing registration no.
UA07-K-1721, wherein the present applicant along with co-accused
Amjad and Joeb were found, and on searching the car, 2,845 bottles of
Wenrex cough syrup were recovered and, on arresting the applicant and
the other co-accused persons, they informed that they were transporting
the codeine-based cough syrup, which had been purchased from Shubham
Jaiswal, to sell it in Uttarakhand for the purpose of intoxication. It is
further submitted that the applicant has been falsely implicated in the
present case and the alleged recovery is planted and there is no public
witness of the same. It is further submitted that the codeine-based cough
syrup itself is not a narcotic drug in view of Entry 35 of the Central
Government Notification dated 14.11.1985, if the same is having the
permitted quantity of codeine. It is further submitted that the recovery of
2,845 bottles of Wenrex cough syrup was made from the joint possession
of the applicant and the co-accused persons. It is further submitted that
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the applicant has no criminal history. It is further submitted that the
charge-sheet has been filed in the present case; therefore, there is no
requirement of custodial interrogation. The applicant is a law-abiding
citizen and he is languishing in jail since 05.06.2026. In case he is granted
bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
and submitted that the aforesaid recovery was duly videographed as per
Section 105 of BNSS. It was further submitted by learned A.G.A. that, in
view of the law laid down by this Court in the case of Bhola Prasad Vs.
State of U.P., Neutral Citation No. 2026:AHC:181872, transporting
codeine-based cough syrup, even if having the permitted quantity of
codeine, without any licence would be treated as narcotic drugs and the
exemption under Entry 35 of the Central Government Notification dated
14.11.1985 will not be applicable. It is also submitted that the bail
applications of the co-accused Joeb and Amjad, bearing Criminal Misc.
Bail Application Nos. 27941 of 2026 and 28006 of 2026, respectively,
were rejected by this Court vide order dated 01.09.2026. Therefore, the
applicant, being in possession of a huge quantity of codeine-based cough
syrup without any licence, is not entitled to be released on bail.

5. I have considered the submissions of learned counsel for the respective
parties and perused the record.

6. From perusal of the record, it is clear that the applicant, along with two
other co-accused persons, was travelling in a car carrying 2,845 bottles of
Winrex cough syrup without any licence. Therefore, keeping or
transporting codeine-based cough syrup in such a huge quantity without
any licence or authorisation for the purpose other than medical use (like
intoxication) would be treated as a narcotic drug in view of the judgment
of this Court in the case of Bhola Prasad Vs. State of U.P., Neutral
Citation No. 2026:AHC:181872, wherein it is observed that if the
codeine-based cough syrup, even if having the permitted quantity of
codeine, is sold or transported for any purpose other than medicinal
purpose, then the same would be treated as a preparation of codeine
(narcotic drug) and the exemption under Entry 35 of the Notification
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                                    dated 14.11.1985 will not be applicable.

                                    7. Accordingly, the bail application filed on behalf of the applicant is
                                    hereby rejected.

                                    8. Application, if any, stands disposed of.



                                                                               (Arun Kumar Singh Deshwal,J.)
                                    September 8, 2026
                                    SA




Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad