Prayagraj: In cases involving the illegal storage, transportation and sale of codeine-based cough syrup, the Allahabad HC has rejected the bail pleas of 19 alleged masterminds while granting bail to truck drivers, helpers and small retail sellers who were merely transporting sealed parcels and were unaware that cough syrup had been concealed inside the cartons.Justice Arun Kumar Singh Deshwal passed the ruling while hearing 80 bail applications together.The court clarified that codeine-based cough syrup would not fall within the ambit of the Narcotic Drugs and Psychotropic Substances (NDPS) Act when used solely for legitimate medical purposes. However, if such syrup is diverted, stocked or sold for intoxication, whether under the guise of a licence or without one, the conduct would constitute an offence punishable under the NDPS Act.The court said that where a drug dealer or licence-holder lawfully transports or sells codeine syrup containing codeine below the prescribed threshold—0.2 per cent or less than 100 mg per dosage unit—for legitimate therapeutic use, it would not be treated as a narcotic drug and the NDPS Act would not apply.However, if the cough syrup was manufactured as a medicinal product but subsequently diverted or sold for intoxication or trafficking through fake firms, bogus invoices or without valid documents, the entire consignment could be treated as a narcotic substance and stringent action could be taken under Section 21 of the NDPS Act.The court rejected the bail applications of accused persons, including Bhola Prasad of Shaili Traders, Divesh Jaiswal of DSA Pharma, Ankush Singh of Mahakal Medical, Abhinav Kumar Yadav, Badal Arya and Harsh Agrawal.The accused allegedly created fake firms and forged e-way bills involving crores of rupees, and illegally diverted lakhs of bottles of cough syrup into the open market and to other states and countries for use as an intoxicant.
