Codeine Cough Syrup: Patna HC Says Police Misuse NDPS Act

The Patna High Court has said police in Bihar are “invariably misusing the procedure” by booking people under the Narcotic Drugs and Psychotropic Substances (NDPS) Act when codeine cough syrup is seized, even where the codeine content is within the permitted limit. Justice Ashok Kumar Pandey made the remarks in a bail order dated 1 October 2026, reported on 21 October, and said such cases “should be filed under the Drugs and Cosmetics Act”.

Bail for a Man Held Since May

The order arose from the seizure of 484 litres of codeine-based cough syrup from a pick-up van in Khagaria district. The accused, arrested in May 2026, was booked under sections 21(c), 8(c) and 29 of the NDPS Act, which cover commercial quantities. He told the court he was only standing near the vehicle, that nothing was recovered from him, and that the syrup contained less than 2.5 per cent codeine. The court granted bail on a bond of Rs 10,000 with two sureties of the same amount.

The 1985 Exemption at the Centre of the Order

A Central government notification of 14 November 1985 exempts codeine preparations with no more than 100 mg per dosage unit and a concentration not above 2.5 per cent, subject to other conditions. The court said that when a preparation is not a narcotic drug under section 2(d) of the NDPS Act, the question of commercial quantity does not arise. The State relied on the Supreme Court’s ruling in Hira Singh v. Union of India, which treats a neutral substance mixed with a contraband drug as contraband for working out quantity.

Licensed Sellers and Records

The court noted that codeine cough syrup is a Schedule H drug, so licensed sellers must keep registers of sales. Its comments on police practice were observations; the order gives no formal direction to the Bihar police chief. The text does not set a date for any further hearing in the case.

More court reports are in the Daily Updates section, including the Supreme Court order on road accident relief.

Source: Patna High Court order, Cr. Misc. No. 60727 of 2026. Also based on reporting by Bar & Bench.

Image: Wikimedia Commons.