The Patna High Court has criticised the police for routinely invoking the Narcotic Drugs and Psychotropic Substances (NDPS) Act in cases involving codeine-based cough syrups, observing that such cases may instead fall under the Drugs and Cosmetics Act when the prescribed exemption applies. Justice Ashok Kumar Pandey made the observations while granting bail to Bharat Kumar in a case involving the alleged recovery of 484 litres of codeine-containing cough syrup.
Background
Bharat Kumar sought bail in a case registered at Chautham police station in Khagaria district under Sections 21(c), 8(c) and 29 of the NDPS Act. According to the prosecution, 484 litres of Cough Linctur RJT-SCEN syrup containing codeine were recovered from a pickup van.
The petitioner argued that he had been falsely implicated, that nothing was recovered from his possession and that he was merely standing near the vehicle. His counsel also pointed out that he had no criminal antecedents, had been in judicial custody since 16 May 2026, and that a similarly placed co-accused had already received bail.
The Court considered the Central Government notification dated 14 November 1985, which provides an exemption for certain codeine preparations meeting specified conditions, including a concentration limit of 2.5 per cent.
Justice Pandey observed that where the drug itself does not qualify as a narcotic drug under the applicable legal provisions, the question of determining the quantity of contraband does not arise in the same manner.
The Court expressed concern over the police approach, 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."
It further observed that qualifying cough syrups are Schedule H drugs subject to licensing and record-keeping requirements.
The Court added,
"Such type of cases should be filed under Drugs and Cosmetic Act."
The judge also remarked that the police were "invariably misusing the procedure" in such cases.
Case Details
- Case Title: Bharat Kumar v. State of Bihar
- Case Number: Criminal Miscellaneous No. 60727 of 2026
- Judge: Justice Ashok Kumar Pandey
- Decision Date: 1 October 2026
