The Patna High Court has granted bail in a case involving the recovery of 484 litres of codeine-containing cough syrup from a pick-up van, questioning the use of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in cases involving cough syrup with a codeine concentration below 2.5%.
Justice Ashok Kumar Pandey passed the order on October 1, 2026, observing that such cases may fall under the Drugs and Cosmetics Act rather than the NDPS Act, in light of the applicable Central Government notification.
The case arose from Chautham Police Station Case No. 157 of 2026, registered under Sections 21(c), 8(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. According to the prosecution, 484 litres of Cough Linctur RJT-SCEN syrup containing codeine were recovered from a pick-up van.
Seeking bail, Bharat Kumar argued that nothing had been recovered from his possession and that he was merely standing near the vehicle, with no connection to the alleged recovery. It has further been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure.
The court considered Central Government Notification No. S.O. 826(E), dated November 14, 1985, concerning exemptions for certain codeine preparations. As discussed in the order, the relevant conditions include a codeine concentration not exceeding 2.5% in undivided preparations, not more than 100 milligrams per dosage unit, compounding with one or more other ingredients, and establishment in therapeutic practice. The court noted that the codeine concentration in the recovered syrup was below 2.5%.
Noting that the codeine concentration in the recovered syrup was below that threshold, the court observed:
"...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 court also expressed concern over the repeated registration of NDPS cases involving codeine cough syrup, stating:
"...it is very strange that the cases where cough syrups containing codeine are recovered, the police is invariably filing cases under N.D.P.S. Act whereas in view of the notification of Central Government (supra) concentration of codeine being less than 2.5 %, the quantity does not come under the ambit of contraband. Cough syrup containing codeine is only a Schedule-H drug for which, the shopkeeper has to maintain register and he must be a licensed one. Such type of cases should be filed under Drugs and Cosmetic Act. It is only the violation of Drugs and Cosmetic Act whereas, police is invariably misusing the procedure."
The State opposed bail, relying on the Supreme Court's decision in Hira Singh v. Union of India and arguing that the recovered quantity constituted a commercial quantity.
After considering the submissions and circumstances, the High Court granted bail. It directed his release upon furnishing a bail bond of ₹10,000, along with two sureties of the same amount each, to the satisfaction of the Special Judge, NDPS Act, Khagaria.
Case Title: Bharat Kumar v. State of Bihar
Case Number: Criminal Miscellaneous No. 60727 of 2026
