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and the Superintendent of Police was accordingly informed by Memo No. 2102 of 2024 dated 09.09.2024 for further proceeding and constituting a team. Hence, after getting instruction from the superior officers, the Informant along with other police officers proceeded to the place of storage of the contraband and when the team reached near the house of the Petitioner, one person came out of the house and seeing the police, he started fleeing away. The house of the Petitioner was searched and two bags were recovered, one bag was containing 400 bottles of cough syrup of 100 ml. each and as per description on the bottle, the cough syrup contains "Codeine Phosphate & Triprolidine Hydrocloride Syrup WISCOF DX" containing codeine. The other bag was containing 300 Nitracross Tablets. Further four containers were also recovered from his house containing 850 Nitracross Tablets. When the Patna High Court CR. MISC. No.32593 of 2025 dt.09-09-2025 police further proceeded to the place of bansfiti, one person was seen to be fleeing away from the bush and after search of the bush, three bags were recovered and every bag was containing 200 bottles of cough syrup of 100 ml. each containing "Codeine Phosphate & Triprolidine Hydrocloride Syrup WISCOF DX" and one bag was containing 1440 Pyeevon Spas Plus Tablet.

Rejection of Anticipatory Bail Petition of the Petitioner by the Court of Sessions, Katihar

3. Prior to moving this Court, the Petitioner had preferred anticipatory bail petition before the Sessions Judge, Katihar. However, the anticipatory bail application of the Petitioner was rejected by learned Sessions Judge holding as follows:

"Perused the record, it transpires that on search of Arman Ansari's house, 400 bottle codeine cough syrup, 1150 tablets of pyeevan spasplus was recovered and 100 bottle codeine cough syrup and 1440 tablet of payeevan spasplus was recovered from the place where Lal Khan @ Mahboob Alam was hiding. Charge Sheet has been submitted against the Petitioner in this case.

9. However, learned APP for the State submits that Patna High Court CR. MISC. No.32593 of 2025 dt.09-09-2025 there is recovery of 400 bottles of cough syrup of 100 ml each, containing codeine phosphate, Triprolidine Hydrochloride and 1150 Nitracross Tablets containing Nitrazepam from the house of the petitioner and three bags containing 200 bottles of cough syrup containing codeine and 1440 Pyeevon Spas Plus Tablet containing Tramadol were recovered from the bush. Hence, rigors of Section 37 of the N.D.P.S., Act comes into play and the Petitioner is not entitled to get anticipatory bail, in view of the material in support of the prosecution case.

(Emphasis supplied)

46. Hon'ble Apex Court in Mohd. Sahabuddin and Anr. Vs. State of Assam, (2012) 13 SCC 491, has again held as follows:

"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 the 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."