concerned,
the present applicant has unauthorizedly supplied 600 bottles of
codeine syrup to accused no.1. During the investigation, sufficient
material is collected against ... bottles in a
box) i.e. 600 bottles of the codeine syrup. prima facie involvement of
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Uploaded by KUMAR ALOK(HC01091
wife of the petitioner is
authorized to stock cough syrup including cough syrup
containing the Codeine Phosphate Syrup. He would further
submit that the petitioner ... petitioner is also
falsely raided to find the quantity of Codeine syrup. Learned
advocate Mr.Goswami submits that keeping a Codeine syrup or
selling
wife of the petitioner is
authorized to stock cough syrup including cough syrup
containing the Codeine Phosphate Syrup. He would further
submit that the petitioner ... petitioner is also
falsely raided to find the quantity of Codeine syrup. Learned
advocate Mr.Goswami submits that keeping a Codeine syrup or
selling
cough syrup is legally permissible
and it does not fall under the NDPS Act . The contents with the
cough syrup being Codeine was below permissible ... that seized bottles contains
the Codeine is not narcotic drug has to prove that Codeine
contained in cough syrup was lass than the permissible limit
cartons, each
containing 120 bottles labeled as
RTXCare Premium Cough Syrup',
Codeine Phosphate and
Chloropheniramine Maleate Syrup 100
ml. Bearing batch ... contraband article seized are
840 Bottles (100 ml. Each) of
Codeine Phosphate Syrup, which is
equivalent to 84 Liters equivalent
to Approx
therapeutic practice, and therefore, the submission is that
since cough syrup having 'Codeine' is compounded with other
ingredients and within the limit ... entire quantity and not only the
contents of 'Codeine in cough syrup is to be considered to
come to a conclusion that the accused
respect of other offences."
8. As 142 bottles of codeine syrup which is commercial quantity
are recovered, rigorous of Section 37 would clearly ... placed on record, it appears that
the seized contraband bottles of codeine syrup were stored by the
applicant in his house for the purpose
conscious possession of the substance, but the substance
was only Codein syrup, which is medicine and therefore, in due course
of his work ... During the course of investigation, in
all Narcotic substances, which included Codein Cough syrup as well as
Tablets worth Rs.52,21,990/, 222 boxes
during which a total of 197 bottles of
cough syrup containing codeine were seized, and an
offence was registered against him. During the
investigation, other ... other co-accused."
8.2. That 197 bottles of codeine syrup recovered are above the
commercial quantity and as such the rigor of Section
prosecution that the
police authorities had found 150 bottles of cough syrup
containing codeine phosphate in the premises which was
allegedly occupied by the present ... present
applicant. During the very raid, 150 bottles of cough syrup
containing codeine phosphate were also found lying in the said
premises. Those bottles were
