IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88583 of 2025 Arising Out of PS. Case No.-158 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Amit Kumar Gupta @ Amit Kumar Sah @ Gupta S/o Ram Avatar Sah @ Ram Awatar Gupta @ Rameshwar Gupta R/o Village- Sahorwa, P.S- Laukaha, Dist- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate Ms. Nitu Kumari, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 27(B)(ii) of the Drugs and Cosmetic Act and under Sections 20, 21 and 22 of the NDPS Act. 3. The case of the prosecution, in short, is that from the possession of this petitioner and one another altogether 16 bottles 100 ml each of Codeine based syrup (onerex), 04 bottles of 100 ml each of Codeine based syrup (windex) and 43 capsules of Spasmo-Proxyvon Plus were recovered. 4. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this Patna High Court CR. MISC. No.88583 of 2025(2) dt.06-01-2026 2/4 petitioner and police has not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has submitted that the petitioner is in judicial custody since 21.09.2025. 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 Patna High Court CR. MISC. No.88583 of 2025(2) dt.06-01-2026 3/4 been established in Therapeutic practice. xxx” 6. In this case, Onerex Cough Syrup and Windex Cough Syrup have been recovered from the possession of the petitioner and the concentration of the codeine in these drugs 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 form 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. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on Patna High Court CR. MISC. No.88583 of 2025(2) dt.06-01-2026 4/4 bail in connection with Laukaha P.S. Case No. 158 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal Sessions Judge, Madhubani. durgesh/- (Ashok Kumar Pandey, J) U T