In Sanjeev Kumar v. State of Bihar, the Patna High Court observed that cases involving cough syrup containing codeine below the notified limit are wrongly booked under the NDPS Act and should be prosecuted under the Drugs and Cosmetics Act, granting bail to the petitioner.
In Sanjeev Kumar v. State of Bihar (Cr. Misc. No. 20517 of 2026), the Patna High Court highlighted the persistent misuse of the NDPS Act by police authorities in cases involving cough syrups containing codeine within permissible limits. The Court observed that such cases are often wrongly registered under NDPS provisions, despite the Central Government’s notification exempting preparations with codeine concentrations below 2.5% from the definition of narcotic drugs. The judgment noted that the substance in question—cough syrup containing approximately 0.2% codeine—falls well within the permissible limits and should be regulated under the Drugs and Cosmetics Act rather than the NDPS Act. The petitioner had been in custody since September 2025 and argued that the seizure was not conducted according to the mandatory procedure, with seizure witnesses being police personnel rather than independent witnesses. Emphasizing that cough syrup with low codeine content is only a Schedule-H drug requiring licensed sale, the Court criticized the “invariable” filing of NDPS cases in such scenarios and granted bail, reinforcing that violations should be treated under the Drugs and Cosmetics Act.
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