IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89929 of 2025 Arising Out of PS. Case No.-498 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Nur Islam Son of Late Mujmil Haque Resident of Village-Mirjabri, Police Station-Kasba, Dist-Purnea ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Jha, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 5 10-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with Sadar P.S. Case No. 498 of 2025 registered for the offence punishable under Sections 8(c), 21(c) and 29 of the N.D.P.S. Act. 3. The case of the prosecution is that the informant received an informant received an information that huge quantity of codeine syrup concealed in the godown of Jharkhand Bengal Freight Carrier Private Limited Company, Hansda Road at Gulabbagh in Purnea. On this information, he searched the aforesaid godown and from that godown, altogether 479 liters of cough syrup containing codeine was Patna High Court CR. MISC. No.89929 of 2025(5) dt.10-04-2026 2/5 recovered. The petitioner disclosed that the said company is running by him and Manoranjan Kumar and consignor of the aforesaid codeine syrup is Zigwell Biotech Private Limited, Delhi and Md. Noorislam visited their company for taking delivery. Petitioner produced bilty of the company. The said bilty perused by the Drug Inspector and came to know that in the said bilty, 5760 bottles containing codeine syrup in the name of AS Pharma Medical, Hope Chauk, Shanti Nagar, Line Bazar, Purnea and two others was to be transported. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is only an employee and the codeine was to be transported to AS Pharma. It is the godown of the transport company and his work is only to transport the consignment from one man to another man. From perusal of the F.I.R., it is clear that the cough syrup containing codeine was recovered from the godown which was to be transported to M/s As Pharma and Aaradhya pharma. From perusal of the F.I.R., it is also clear that Triprolidine Hydrochloride & Codeine Phosphate having brand name of Berry Safe Cough Syrup was recovered. Petitioner is having no criminal antecedent and he Patna High Court CR. MISC. No.89929 of 2025(5) dt.10-04-2026 3/5 is languishing in judicial custody since 09.10.2025. 5. Learned counsel for the petitioner has submitted that the Central Government has issued Notification No. S.O. 826(E) dated 14.11.1985 which is given hereunder:- “S.O. 826(E). - In exercise of the powers conferred by sub-clause (b) of clause (xi) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby declares the following narcotic substances and preparations to be manufactured drugs, namely:- xxx 35. Methyl morphine (commonly known as 'Codeine') and Ethyle morphine and their salts (including Dionine), all dilutions and preparations except those which are compounded with one or more other ingredients and containing not more than 100 milligrams of the drug per dosage unit, and with a concentration of not more than 2.5% in undivided preparations and which have been established in Therapeutic practice. xxx” 6. In this case, Triprolidine Hydrochloride & Patna High Court CR. MISC. No.89929 of 2025(5) dt.10-04-2026 4/5 Codeine Phosphate having brand name of Berry Safe Cough Syrup has been recovered from the godown where the petitioner is working as an employee and the concentration of the codeine in this drug is approximately 0.2% which is less than 2.5% as provided in the above notification. 7. Learned APP appearing for the State has vehemently the application for bail and has submitted that in the case of Hira Singh and Anr. V. Union of India and Anr., the Hon’ble Supreme Court has held that entire non-toxic material which is mixed with the contraband will be considered as the contraband and as such, the quantity which has been recovered from the possession of this petitioner is commercial quantity. 8. In this regard, it is worth mentioning that in view of Section 2(d) of the N.D.P.S. Act, the drug itself is not narcotic drug then there is no jurisdictional basis for the case and the Court would not have a reason to go into the question of quantities. The Central Government has power to issue notification time to time. 9. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named Patna High Court CR. MISC. No.89929 of 2025(5) dt.10-04-2026 5/5 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S., Purnea in connection with Sadar P.S. Case No. 498 of 2025. Jagdish/- (Ashok Kumar Pandey, J) U