IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88847 of 2025 Arising Out of PS. Case No.-310 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== Amit Kumar S/O Sudhir Kumar R/O Vill.- Pachaut, Beldaur, Dist- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr . Shashank Shekhar, Advocate Mr. Siddartha Prasad, Advocate Mr. Om Prakash Kumar, Advocate Mr. Rahul Kumar, Advocate Mr. Shantam Kriti, Advocate For the Opposite Party/s : Mr . Ramchandra Sahni, 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 bail in connection with Beldaur P.S. Case No. 310 of 2025 registered for the offence punishable under Section 21(c) of the N.D.P.S. Act. 3. The case of the prosecution is that 260 bottles (100 ml each) of RTX-Scen cough syrup containing codeine, 28 bottles (100 ml each) of Kuffrex cough syrup containing codeine and 201 bottles (100 ml each) wiscof cough syrup containing codeine were recovered. 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 Patna High Court CR. MISC. No.88847 of 2025(2) dt.06-01-2026 2/4 case. Learned counsel for the petitioner has submitted that from perusal of the seizure list, it will transpire that the seizure witnesses are not independent witness rather they are police personnel. Police has also not followed the provision of Section 105 of B.N.S.S. while making seizure. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.10.2025. 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 Patna High Court CR. MISC. No.88847 of 2025(2) dt.06-01-2026 3/4 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, rtx-scen, wiscof and kuffrex cough Syrup containing codeine phosphate and triprolidine hydrochloride have been recovered and the concentration of the codeine in these drugs 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 the 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 Patna High Court CR. MISC. No.88847 of 2025(2) dt.06-01-2026 4/4 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 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, (NDPS Act), Khagaria in connection with Beldaur P.S. Case No. 310 of 2025. lata/- (Ashok Kumar Pandey, J) U T