KAILASH GUPTA Vs. STATE

JUDGEMENT

(1.) Petitioner seeks bail in FIR No. 198/17, under Sections 21/25/29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the "NDPS Act") and Sections 468/471 IPC, registered at P.S. Crime Branch (SED) on the ground that 10,600 bottles of Phensydyl syrup were recovered from petitioner.

(2.) Petitioner'S counsel submits that petitioner is an authorized licensee who had sold the Phensydyl syrup to various parties. It is submitted that the recovered drug does not come within the ambit of NDPS Act. To submit so, attention of this Court is drawn to notification of 14th November, 1985 (Annexure P-17) to point out that recovered Phensydyl syrup contains less than 2.5 percent of Codeine. It is further submitted that case set up against petitioner comes within the provisions of The Drugs and Cosmetics Act, 1940. Attention of this Court is also drawn to Section 18 (b) to 27 (d) of The Drugs and Cosmetics Act, 1940.

(3.) On the contrary, learned Additional Public Prosecutor draws the attention of this Court to the status report to submit that the transportation of the bulk Phensydyl syrup attracts the provision of NDPS Act and relies upon the decision in State of Punjab vs. Rakesh Kumar,2012 SCCOnLine(SC) 2651 and Mohd. Shahabuddin and Anr, 2012 13 SCC 491 to submit that the transportation of the Phensydyl syrup was not for any medicinal and scientific purpose.