Patna: The Patna High Court has granted bail to an accused in a cough syrup case involving codeine, observing that cough syrups containing less than 2.5% codeine may not qualify as contraband under the Narcotic Drugs and Psychotropic Substances Act in the circumstances considered by the Court.
Justice Ashok Kumar Pandey also criticised the police for registering such cases under the NDPS Act when the matter may fall under the Drugs and Cosmetics Act.
The ruling highlights the importance of checking the legal status of a medicine, its codeine concentration, and the applicable rules before bringing a criminal case.
What Did The Patna High Court Say About Codeine Cough Syrup
The Patna High Court made these observations while hearing a bail application in Bharat Kumar v. State of Bihar, Criminal Miscellaneous No. 60727 of 2026.
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The case involved allegations under Sections 8(c), 21(c), and 29 of the NDPS Act. According to the prosecution, 484 litres of codeine-containing cough syrup were recovered from a pickup van.
The accused challenged the case and argued that the cough syrup contained codeine below the permissible concentration of 2.5%. He also raised concerns about the seizure procedure and the absence of recovery from his possession.
Why Did The Court Question The Use Of The NDPS Act in Bihar Codeine Cough Syrup Case
The Court examined the Central Government notification dated November 14, 1985, which was relied upon by the accused. The notification concerns certain medicinal preparations containing codeine and their treatment under the NDPS framework.
Justice Ashok Kumar Pandey observed that if a preparation does not fall within the definition of a narcotic drug under Section 2(d) of the NDPS Act, there may be no legal basis to proceed against it under that Act.
The Court also questioned the practice of registering NDPS cases involving cough syrups that contain codeine below the specified concentration, noting that some cases may instead involve violations of the Drugs and Cosmetics Act, 1940.
What Is The 2.5% Codeine Limit
The 2.5% figure is relevant to certain codeine-containing medicinal preparations under the applicable government notification. However, the concentration alone does not automatically make every possession, sale, or transport of codeine cough syrup lawful.
The legal position can depend on the specific preparation, the applicable NDPS provisions and rules, the required authorisation, and the facts of the case. Therefore, the ruling should not be interpreted as a blanket exemption for all codeine-based cough syrups or their unauthorised possession and distribution.
What Are The Rules For Codeine Cough Syrup Under The Drugs And Cosmetics Act
The Court noted that codeine-containing cough syrup is a Schedule H drug and that its sale is subject to regulatory requirements, including licensing and record-keeping obligations where applicable.
The Drugs and Cosmetics Act, 1940, and the rules framed under it regulate the manufacture, sale, and distribution of medicines. Violations of these requirements may lead to legal action under the relevant provisions.
At the same time, the NDPS Act and its rules may also apply to controlled narcotic preparations in circumstances covered by those laws. The correct legal framework must be determined from the applicable provisions and the facts.
What Was The Final Decision In The Bihar Codeine Cough Syrup Case
After considering the arguments, the Patna High Court allowed the accused’s bail application. The decision concerned bail in the particular case. It should not be understood as a final declaration that every allegation was false or that all codeine cough syrup cases must be registered only under the Drugs and Cosmetics Act.
The ruling draws attention to the need for law enforcement authorities to apply the correct legal provisions when dealing with medicines containing controlled substances.
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FAQs
Not automatically. Its legality depends on the applicable government notification, the relevant NDPS provisions and rules, authorisation requirements, and compliance with drug regulations. The 2.5% threshold alone does not establish that every possession or sale is lawful.
The Patna High Court observed that certain cough syrup preparations containing less than 2.5% codeine may not qualify as contraband under the NDPS Act, depending on the applicable law and the facts of the case. It granted bail to the accused.
The Court decided the bail application in Bharat Kumar v. State of Bihar, Criminal Miscellaneous No. 60727 of 2026. The case concerned the alleged recovery of 484 litres of codeine-containing cough syrup from a pickup van.
