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(c)"Phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts" (emphasis supplied)

17. From the above mentioned provisions of the NDPS Act it transpires that the seized drug 'Welcyrex Cough Syrup containing 'Codeine' which is an opium derivative is a Manufactured drug/ Narcotic Drug.

27. Co-accused Sanju @ Sandeep Tiwari was found in possession of 65 bottles of Welcyrex cough syrup of 100ml each total 6500 ml cough syrup containing 10mg (Codeine) in each 5 ml dose, there is no document on record to show that such quantity was kept for therapeutic practice. Therefore, if the said requirement is not satisfied then the entire 100 ml content of the cough syrup containing the permitted quantity of codeine will be treated as 100 mg codeine and in such a situation, the same would certainly fall within the purview of Manufactured Drug and penal provisions of the section 8 red with 17 to 22 of N.D.P.S. Act are attracted. Even the "Essential Narcotic Drugs"

29. The Hon'ble Supreme Court in the case of Mohd. Sahabuddin Vs. State of Assam, reported in (2012) 13 SCC 491 considered an identical controversy involving recovery of cough syrup containing codeine phosphate in a bail matter observed :-

"10. It is not in dispute that each 100 ml bottle of Phensedyl cough syrup contained 183.15 to 189.85 mg of codeine phosphate and each 100 ml bottle of Recodex cough syrup contained 182.73 mg of codeine phosphate. When the appellants were not in a position to explain as to whom the supply was meant either for distribution or for any licensed dealer dealing with pharmaceutical products and in the absence of any other valid explanation for effecting the transportation of such a huge quantity of the cough syrup which contained the narcotic substance of codeine phosphate beyond the prescribed limit, the application for grant of bail cannot be considered based on the above submissions made on behalf of the appellants.

33. In the case of Rohit Chaddha vs. State of M.P. (supra) learned Coordinate Bench of this Court did not consider the judgments of the apex court passed in the case of Mohd. Sahabuddin v. State of Assam (supra) and Union of India Vs. Sanjeev V. Deshpande, (supra). So that judgement has no persuasive value.

34. Henceforth, if anyone is found in possession of cough syrup or any other medicine containing Codeine against the provisions of the NDPS Act or Rules then the case will come under the stringent provisions of the NDPS Act. According to Notifications dated 14.11.1985 every drug containing codeine would come under manufactured drugs if it is kept or transported other than medical or scientific purpose, in violation of the provisions of any Narcotic Drugs and Psychotropic Substances Rule, 1985 Even those drugs which are compounded with one or more other ingredients containing not more than 100 milligrams of the codeine per dosage unit and with a concentration not more than 2.5 percent in undivided preparations will also come under the purview of manufactured drugs unless it is kept for therapeutic practice. In the absence of any documents in possession of co-accused Sandeep Tiwari to disclose as to for what purpose 65 bottles of Cough Syrup, which is Schedule 'H' drug containing narcotic substance was being transported, this court is of the considered view that the applicant has failed to satisfy the said 2nd condition that the said syrup containing codeine was kept for therapeutic practice. So the case will come under the stringent provisions of the NDPS Act.