Prayagraj, Oct 8 (PTI) The Allahabad High Court on Thursday allowed habeas corpus petitions filed by two accused and quashed their detention under the PIT-NDPS Act in connection with cases involving the alleged diversion and illegal trafficking of codeine-based cough syrups.
A bench comprising Justices Atul Sreedharan and Achal Sachdev passed the order after hearing counsel for petitioners Vibhor Rana and Vishal Singh, and the state government.
The petitioners had challenged detention orders dated July 7 passed against them under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
The petitions alleged that the detention orders suffered from non-application of mind. In Rana’s case, it was also argued that his name subsequently surfaced during the investigation through statements attributed to co-accused persons.
Rana, who is an accused in several other cases, has remained in judicial custody since November 2025.
The petitioners contended that the detention order failed to demonstrate a real possibility of Rana being released from custody and subsequently engaging in activities prejudicial to the purposes of the preventive-detention law.
The petitions challenged the preventive detention proceedings in cases registered in Lucknow and Ghaziabad in connection with an alleged racket involving the illegal trade and diversion of Phensedyl, a codeine-based cough syrup. The petitioners were alleged to be among the kingpins of the racket.
A key contention before the court was that Phensedyl is neither a narcotic drug nor a psychotropic substance and that the provisions of the Narcotic Drugs and Psychotropic Substances Act could not be invoked merely because the formulation contains codeine.
The petitions referred to a central government notification dated November 14, 1985, issued under the NDPS Act, which exempts certain codeine preparations containing not more than 100 mg of codeine per dosage unit and not more than 2.5 per cent concentration in undivided preparations, subject to prescribed conditions.
Counsel for the petitioners argued that Phensedyl did not constitute a manufactured drug or narcotic drug within the meaning of the NDPS Act. PTI COR KIS
PRK
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