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The police do not require the custody of the petitioner. The petitioner will abide by the terms and conditions, which the Court may impose. Hence, the petition.

2. The petition was opposed by filing a status report asserting that the police party was checking the vehicles on 5.11.2023. A vehicle bearing registration No. HP-08A-3201 was signalled to stop. The driver revealed his name as Ramesh Chand and another person present in the vehicle revealed his name as Ganesh Chand. The police searched the vehicle in presence of the witnesses and recovered two bottles containing psychotropic substances. The police seized the vehicle and the bottles. The result of the analysis shows that the substance indicates the presence of codeine. The total weight of the codeine syrup was found to be 1.283 Kg. The occupants of the vehicle had applied for pre-arrest bail, which was dismissed as withdrawn and they have surrendered on 8.12.2023. They revealed on inquiry that they had purchased the substance from some rickshaw puller .

released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail.'

9. As per the status report, the petitioner was driving the vehicle bearing registration No. HP-08A-3201, from which the police recovered two bottles containing 1.283 Kg. of codeine syrup. The commercial quantity of codeine is specified as 1.00 Kg. and the weight of the codeine phosphate found in the vehicle was 1.283 Kg., which is more than the commercial quantity.

portation cannot be heard to state that he was not ex- pected to fulfil any of the statutory requirements either under the provisions of the Drugs and Cosmetics Act or under the provisions of the NDPS Act.
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 ap-
pellants were not in a position to explain as to whom the supply was meant either for distribution or for any li- censed 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.

therefore, any of the applicants could not have kept it in their possession such cough syrup containing 'Codeine' with any other drug combination thereof in the year 2022, and therefore, it is an offence under 'the NDPS Act' and in no case, it can be said that it is exempted from rigours of 'the NDPS Act' and the offence, if any, would fall under 'the Act, 1940'. Not only that, in light of the direction given by the Supreme Court in the case of Union of India Vs. Pfizer Limited reported in Civil Appeal No. 22972 of 2017 de novo inquiry was carried out as to whether fixed dose combinations licenced prior to 1988 should be the subject matter of notification under Section 26A of 'the Act, 1940'. The matter came to be examined by the Expert Committee and Drugs Technical Advisory Board Central Government was satisfied that it is necessary and expedient in the public interest to regulate by way of prohibiting the manufacturer for sale, sale or distribution for human use of fixed doses combination of Chlorpheniramine + Codeine Phosphate + Menthol Syrup with immediate effect in the country, and therefore, in supersession of 10.03.2016 notification, on the basis of recommendations of the Expert Committee and Drugs Technical Advisory Board, Central Government in exercise of powers conferred under Section 26A of 'the Act, 1940', again prohibited the manufacturer for sale, sale or distribution for human use of drug fixed dose combination of Chlorpheniramine + Codeine Phosphate + Menthol Syrup with immediate effect. Thus, "essential narcotic drug", which contains 'Codeine' as one of the ingredients in any fixed-dose combination with any other drug came to be prohibited since 2016 either manufacture for sale, sale or distribution for human use, and therefore, the applicants could not have in their possession even such fixed-dose combination, the manufacture for sale, sale or distribution for human use, which is prohibited by the Central Government. While introducing the definition of "essential narcotic drugs" it is regulated under 'the Act, 1940', 'the Rules as also under 'the NDPS Act', Sub Rule (3) of Rule 65 of the Drugs and Cosmetic Rules, 1945 .