On 2nd August, a bench of Madhya Pradesh High court consisting of Justice Rajeev Kumar Dubey, while rejecting a bail application, reiterated that if anyone is found in possession of cough syrup or medicine containing Codeine Phosphate without valid documents, then the case will come under the stringent provisions of the NDPS Act.
Facts of the case:
An application was filed under section 439 of the Cr.P.C. for grant of bail. The applicant Rajkamal Namdev was arrested in connection with offence punishable under Sections 8, 21, 22 of the NDPS Act & Section 5/13 of M.P. Drug Control Act. As per the information the applicant and the co-accused was illegally carrying 30 bottles of Onerex Cough syrup (100 ml. each) containing codeine phosphate (Narcotic Substance).
Contention of the Applicant:
Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. Further, it was submitted that the applicant has no criminal past.
The applicant also urged that since the conclusion of trial will take time therefore prayed for release of the applicant on bail.
Contention of the respondent:
Learned counsel for the respondent/State opposed the prayer and submitted that 30 bottles of Onerex Cough syrup (100 ml. each) containing codeine phosphate were seized from the joint possession of the applicant and co-accused Vikash Gupta and they were not having documents to keep the same in their possession, so looking to the provisions of Section 37 of the NDPS Act, he should not be released on bail.
Observation and judgement of the court:
The Hon’ble bench of the court observed the following:
- If anyone is found in possession of cough syrup or medicine containing Codeine Phosphate without valid documents, then the case will come under the stringent provisions of the NDPS Act.
- in case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the "small or commercial quantity" of the Narcotic Drugs or Psychotropic Substances.
In the view of the above, the court after observing that the police seized 30 bottles (100 ml. each) of Onerex Cough syrup containing Codeine Phosphate (manufactured drugs) from the joint possession of applicant & Co-accused Vikas Gupta, so looking to the provisions of Section 37 of the N.D.P.S. Act, rejected the bail application.
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