Allahabad High Court Rejects Bail Plea in Major Codeine Cough Syrup Racket
The Allahabad High Court has delivered a significant ruling by rejecting the bail applications of two individuals accused in a large-scale codeine cough syrup manufacturing and distribution racket. The court, in a decisive order, stated that the substantial quantity of illegally produced cough syrup bottles recovered from the accused squarely invokes the stringent provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Court Cites Flagrant Violation of Exemption Conditions
Denying bail to Abdul Qadir and Ahsan Noori, a bench presided over by Justice Ashutosh Srivastava, in its order dated February 3, highlighted that the codeine preparations found in the 11,885 bottles of cough syrup seized from the accused in Rampur far exceeded the legally permissible limits. The court made a critical observation regarding the exemption provisions under the law.
The bench emphasized: "The exemption provisions are required to be strictly and literally complied with, and the conditions under which the exemption is granted must be strictly adhered to. Any violation of any condition would disentitle the claimant the exemption." The court further noted that in the present case, the condition of being 'established in therapeutic practice' was flagrantly violated, thereby denying the applicants any right to exemption.
Detailed Legal Grounds for Bail Denial
In dismissing the bail pleas, the court firmly held that there was no basis to suggest the accused were falsely implicated. "No reason is found to falsely implicate the applicant/accused persons. Therefore, there is no good ground to release the applicant-accused persons on bail at this stage," the order stated. It added, "This court is unable to form an opinion at this stage that the accused persons have not committed an offence."
The accused face serious charges under Sections 8/21 of the NDPS Act, along with Sections 318(4), 338, 336(3), and 340 of the Bharatiya Nyaya Sanhita (BNS).
Defense Arguments and Court's Rebuttal
The applicants had argued in their petition that they were licensed medicine dealers who had purchased the cough syrup through valid invoices. They also pleaded that they had no prior criminal record and contested the drug inspector's authority to collect and seal the cough syrup samples.
However, the court countered these arguments by pointing out that codeine (methyl-morphine), along with its salts and all dilutions and preparations, is listed as a manufactured drug at Item No. 35 in a central government notification. The exception for codeine as a drug is granted only if it is used in therapeutic practice, with a dosage of less than 100 milligrams and a concentration not exceeding 2.5% in undivided preparations.
The court concluded that the applicants had clearly violated the exception provided in the notification and were therefore not entitled to claim its benefits. This ruling underscores the judiciary's strict stance against violations in the pharmaceutical sector, particularly concerning controlled substances like codeine.
