Finding the recovered syrup’s codeine concentration below 2.5%, the Patna High Court has treated the alleged violation as falling under the Drugs and Cosmetics Act and held that quantity becomes relevant only if the preparation qualifies as a narcotic drug. Accordingly, the Court granted bail following recovery of 484 litres of codeine-containing cough syrup from a pick-up van.
The Court discussed Entry No. 35 of Notification No. S.O. 826(E), dated 14 November 1985, covering preparations compounded with other ingredients, containing not more than 100 milligrams of codeine per dosage unit, with a concentration not exceeding 2.5% in undivided preparations, and established in therapeutic practice.
The Court also questioned the police practice of invariably registering NDPS cases involving such codeine cough syrups. It described the syrup as a Schedule-H drug requiring a licensed seller and maintenance of a register, and stated that such violations should be addressed under the Drugs and Cosmetics Act.
Briefly, Bharat Kumar sought bail in a case registered under Sections 21(c), 8(c) and 29 of the NDPS Act after police recovered 484 litres of codeine-containing Cough Linctur RJT-SCEN syrup from a pick-up van. He submitted that nothing was recovered from his possession and that he was merely standing near the vehicle. He also alleged non-compliance with Section 105 of the BNSS during the seizure, stated that he had no criminal antecedents and had been in custody since 16 May 2026, and relied on bail granted to a similarly situated co-accused.
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A Single Judge Bench of Justice Ashok Kumar Pandey referred to the exemption under Entry No. 35 of Notification No. S.O. 826(E), dated 14 November 1985, for codeine preparations compounded with other ingredients, containing not more than 100 milligrams per dosage unit and a concentration not exceeding 2.5% in undivided preparations, and established in therapeutic practice.
The Court recorded that the recovered syrup contained codeine at a concentration below 2.5% and treated the matter as a contravention of the Drugs and Cosmetics Act. Further, the Court criticised the police practice of routinely registering NDPS cases involving such cough syrups, observing that these were Schedule-H drugs requiring the seller to be licensed and maintain a register.
