Calcutta High Court Grants Bail to Elderly Chemist in NDPS Case Over Cough Syrup Storage
In a significant ruling, the Calcutta High Court has granted bail to a 73-year-old medical shop owner from Howrah, who was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly storing 156.8 litres of codeine-mixed cough syrup. The court emphasized that the state failed to establish any legal ceiling limit for the quantity of such medicinal products a licensed pharmacy can hold.
Key Details of the Case and Court Observations
The single-judge bench of Justice Tirthankar Ghosh presided over the case, where the septuagenarian defendant argued that he was "illegally detained" following his arrest in April 2025. The prosecution alleged that the shop owner could not produce supporting documents for the cough syrup, specifically phensedyl, upon demand. However, the court noted a critical gap in the state's argument: no evidence was presented to show that the owner was operating without a valid licence, nor could the prosecution provide any official document specifying storage limits for such medicinal items in a pharmacy.
Justice Ghosh highlighted that the NDPS case hinged on the absence of a defined ceiling for cough syrup storage, making the detention questionable. The bail decision underscores the importance of clear regulatory frameworks in pharmaceutical oversight, particularly for substances with potential misuse like codeine-based syrups.
Broader Implications and Legal Context
This ruling may set a precedent for similar cases involving medical shops and NDPS violations, where storage limits are ambiguous. It raises questions about enforcement practices and the need for updated guidelines to prevent arbitrary arrests. The elderly owner's release on bail reflects the court's scrutiny of procedural lapses, emphasizing that licensing and compliance must be demonstrably violated for legal action.
As the case proceeds, it will likely influence how authorities handle NDPS-related incidents in the pharmaceutical sector, balancing public health concerns with fair legal standards for business owners.
