M/S Varuna Integrated Logistics Pvt. ... vs The State Of Bihar
2026 Latest Caselaw 496 Patna

Patna High Court

M/S Varuna Integrated Logistics Pvt. ... vs The State Of Bihar on 17 February, 2026

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.22814 of 2025
 Arising Out of PS. Case No.-920 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
M/s Varuna Integrated Logistics Pvt. Ltd. through its representative Mr. Vinay
Kumar Singh @Binay K M/s Varuna Integrated Logistics Pvt. Ltd., having its
registered office at Shahjahanpur Road, Shyamganj, Bareilly (Uttar Pradesh),
through its authorized representative namely, Mr. Vinay Kumar Singh @
Binay Kumar Singh, aged about 47 years (Male), son of Birendra Prasad
Singh, resident of a/14, Roshan Cooperative, Mourya Vihar Colony, Transport
Nagar, Sampatchak, P.S.-Agamkuan, District- Patna (Bihar)- 800026

                                                                     ... ... Petitioner/s

                                        Versus

The State of Bihar

                                       ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s     :        Mr. Chitranjan Sinha, Sr. Adv.
                                  Mr.Sanchay Srivastava, Adv.
                                  Mrs. Sonali Priya, Adv.
                                  Mr. Sushant Srivastava, Adv.
                                  Mr. Abhiyanshu Ranjan, Adv.
For the Opposite Party/s :        Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

                                CAV JUDGMENT
 Date : 17-02-2026

               Heard Mr. Chitranjan Sinha, learned Senior counsel for

 the petitioner assisted by Mr. Sanchay Srivastava, learned

 counsel for the petitioner and Mrs. Sangeeta Sharma, learned

 A.P.P. for the State.

               2. The petitioner has made the following prayer in this

 application :-

                                  "That the present application is being filed
 Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026
                                           2/10




                                        on behalf of the petitioner above-named for

                                        quashing      and   setting-aside   the   First

                                        Information Report (F.I.R.) bearing Kaimur

                                        Excise P.S. Case No. 920 of 2024 dated

                                        02.12.2024

for the offences alleged under

Sections 8(c), 21(c) and 29 of the Narcotics

Drugs and Psychotropic Substances Act,

1986 (hereinafter referred to as "N.D.P.S.

Act") against the petitioner."

3. The facts giving rise to the present application is to

the effect that a case was instituted on the written complaint of

the informant who was posted as Sub-Inspector, Excise Police

Integrated Check Post, Mohania, District Kaimur at Bhabua

wherein it has been alleged that on 02.12.2024, the vehicles

related to illegal materials were being checked and searched at

integrated check post, Mohania. It is alleged that a container

coming from Uttar Pradesh was intercepted and has no

independent witnesses were ready to become witness, the Excise

Constables were made independent witnesses and the drivers of

the container were searched. It is further alleged that during

search from the truck/ container, Phensedyl Codeine Cough

Syrup 100 ml containing codeine was recovered in cartoons

measuring to 11,105 litres. It has further been mentioned in the Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

F.I.R. that the illegal codeine cough syrup was being taken to

Ranchi and for which the bills were provided. It is alleged that on

the same day, in the evening, another truck was intercepted and

on search total 11,850 litres of Phensedyl Codeine Cough Syrup

was recovered from the same. The bills were also provided for

such consignment and it sold that the same was being taken from

Haryana to Ranchi. It has been alleged that in the F.I.R. that the

trucks were coming without digital lock and as there is a

complete banned on liquor intoxicating substance can not be

transported without a digital lock and transportation of huge

quantity of cough syrup containing codeine creates suspicion.

4. Learned Senior counsel appearing on behalf of the

petitioner submits that from bare perusal of the F.I.R., it would be

evident that the F.I.R. has been lodged on the pretext that the

petitioner and the co-accused have violated the provision of Bihar

Prohibition and Excise Act and the informant has even referred to

in the F.I.R. requesting to lodge an F.I.R. under appropriate

section of Bihar Prohibition and Excise Act. However, with

malafide intention of the Excise Police and knowing very well

there is no reason to detain or arrest the petitioner and only to

justify the illegal and arbitrarily action of the police personnel,

the provisions of Bihar Prohibition and Excise Act was struck Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

down and over written as N.D.P.S. Act. Learned Senior counsel

has submitted that the Phensedyl Cough Syrup is a legally

manufactured drug under a valid and legal license by MS Abbott

Healthcare Private Limited and its medical product which falls

under schedule H1 of the Drugs and Cosmetics Act, 1940 and

Drugs and Cosmetics Rules, 1945. It has further been submitted

that the seized consignment of the Phensedyl Cough Syrup was

manufactured under a valid manufacturing License Act,

Himachal Pradesh and the same was being transported from the

license warehouse of the Abbott Company at Haryana to super

distributor of Abbott Company at Ranchi and the truck in

question was legally transporting the said consignment after

making bookings of the same. Learned Senior counsel has further

pointed out that from the perusal of the document, it would be

evident that the drugs were being taken from Haryana to Ranchi

and it was not meant for sale, distribution or consumption in the

State of Bihar. It has further been submitted that the truck was

plying under a valid registration and authorization and the

consignment was neither illegal, intoxicant drugs or narcotics

substance rather it falls under the category of medical product.

Learned Senior counsel has stated that the petitioner's company

is the owner of the goods carrier truck bearing Reg. No. NL-01Q- Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

1335 and has been made an accused as unknown truck owner in

the F.I.R. Learned Senior counsel has stated that the petitioner is

a logistic and transport company which is indulged in the

transportation/ shipping of goods and provide logistical support

through out the country. It has further been submitted that no

specific overact or role has been attributed against the present

petitioner except for the fact that the petitioner is the owner of the

truck which was transporting the seized consignment. Learned

Senior counsel has drawn the attention of this Court towards

Annexure P/3 which is the government notification dated

14.11.1985 wherein codeine (Methyl Morphine) and its salts are

stated to be exempted however the dosage unit have been limited.

It has further been stated that at this juncture that it is also not a

case of the prosecution that the said bottles contained codeine

beyond and specified limit. It has further been submitted that the

approved level of the cough syrup has also been brought on

record and it would be evident that the contains of codeine

phosphate is only 10 mg. for 5 ml. dosage which is far below the

requirement of 100 mg. in the aforesaid notification. It has thus

been submitted by the learned Senior counsel that none of the

ingredients of the alleged section in the F.I.R. which has been

lodged make out a prima facie case against the petitioner. It has Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

been submitted that Sections 8(c), 21(c) and Section 29 of the

N.D.P.S. Act is not at all applicable in the present case. Learned

Senior counsel has referred to the judgment rendered by the

Hon'ble Supreme Court in the case of Inder Mohan Goswami

vs. State of Uttranchal reported in (2007) 12 SCC page 1,

wherein the Hon'ble Supreme Court has held that the Court must

ensure that criminal prosecution is not used and an instrument of

harassment for seeking mandata or with an ulterior motive to

pressurize the accused. It has been submitted that the present case

fits perfectly within the ambit of the observations made by the

Hon'ble Supreme Court in the case of State of Haryana and Ors.

Vs. Ch. Bhajan Lal and Ors., reported in AIR 1992 SC 604.

Learned Senior counsel for the petitioner further refers to a few

judgments rendered by the Hon'ble High Court of Allahabad and

Hon'ble High Court of Punjab & Haryana wherein the Hon'ble

Court have allowed similar applications where Phensedyl Cough

Syrup were recovered and the F.I.R. was lodged. The relevant

High Courts had quashed the proceedings of the criminal case

lodged for the offences under Sections 8, 21(c), 22, 25, 29 and

60(3) of the N.D.P.S. Act. As it is evident that the criminal

proceeding is apparently against the circular issued by the

Government of India and prima facie no offence is made out Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

against the petitioner and therefore, the entire criminal

proceedings initiated on the basis of the F.I.R. is fit to be

quashed.

5. Learned A.P.P. for the State has submitted that the

truck of the petitioner was found to be carrying a consignment

which was banned in the State of Bihar and the huge quantity

was recovered which falls under the commercial quantity. It has

further been submitted by the learned A.P.P. for the State that by

Notification No. 11 dated 18.10.2016, the State of Bihar has

notified all medicines and medicinal preparation containing

codeine to be intoxicant for the purpose of the act. It has been

submitted that as the petitioner's company was transporting two

containers of cough syrup which contained codeine without any

secured locking system. Although, they had provided a bill of the

same but their acts were found to be suspicious and therefore, the

consignment was seized and the petitioner's company was rightly

made an accused in the said case.

6. Having heard learned counsel for the parties and

having perused the documents on record along with the

respective pleadings of the parties, this court finds that this is yet

another case wherein the police officials have lodged an F.I.R. Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

against the accused persons for violation of the provision of

N.D.P.S. Act. However, the prosecution has not taken pains in

verifying as to the fact that the said Phensedyl Cough Syrup

which was seized from the containers was a medicinal product.

This Court has come across various such issues where the

Phensedyl Cough Syrup or Cough Syrup containing codeine

under different brand name have been seized by the police in

Bihar on the ground that the medicinal products containing

codeine are banned in the State of Bihar. This Court has taken

note of the circular dated 14.11.1985 issued by the Government

of India which has also brought on record wherein the list of

narcotic drugs are mentioned at entry 35 thereof is as follows :

"Codeine (Methyl Morphine) and its salts (i.e.,

including codeine phosphate), dilutions and

preparations containing not more than 100 milli

grams of the drug per dosage unit and with a

concentration of not more than 2.5 percent in

undivided preparations and which has been

established in therapeutic practice"

7. From perusal of Section 8 of the N.D.P.S. Act, it

would be evident that prohibition contained therein is applicable

to narcotic drugs and since Phensedyl Cough Syrup contains

codeine compounded with one other ingredients namely, Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

Cholorophenol menate and it contains merely 10 mg. per dosage

unit of 5 ml., which is not more than 100 mgs. of the drugs per

dosage unit in undivided preparations and therefore it is not a

narcotic drug and the provisions of Section 8 will not apply. The

Division Bench of the High Court, Allahabad in the case of

Vibhor Rana vs. Union of India while deciding a similar issue

rendered the judgment dated 24.12.2021 and taking the entire

notification and considering the seizure of Phensedyl Cough

Syrups it was held that the composition of New Cough Linctus

was found to be 5 ml. and each dosage unit thereof contains 10

mg. of codeine phosphate I.P. besides chlorpheniramine maleate

I.P. and thus it falls within the exception to entry 35 of the

notification dated 14.11.1985. The Division Bench of the Hon'ble

Allahabad High Court had gone to quash the entire proceedings

arising out of the complaint lodged for offences under Sections 8,

21(c), 22, 25, 29 and 60(3) of the N.D.P.S. Act.

8. In view of such settled principle of law and finding

the facts similar to what had been decided by the Hon'ble

Division Bench of the Allahabad High Court and also taking into

account the fact that the petitioner's company was merely a

transporter and he was neither the supplier nor the receptor of the

said consignment. The allegation levelled against the F.I.R. is not Patna High Court CR. MISC. No.22814 of 2025 dt.17-02-2026

tenable in law and therefore, the F.I.R. bearing Kaimur Excise

P.S. Case No. 920 of 2024 and the entire criminal proceedings

arising therefrom, is, hereby, quashed.

9. The application stands allowed.

(Sourendra Pandey, J) Gautam/-

AFR/NAFR                NAFR
CAV Date                09.02.2026
Uploading Date          17.02.2026
Transmission Date       17.02.2026