Prayagraj, Sep 1 (PTI) The Allahabad High Court on Tuesday rejected the bail pleas of 19 alleged masterminds in cases involving illegal storage, transportation and sale of codeine-laced cough syrups, while granting bail to truck drivers, helpers and small retail sellers, saying they merely transported sealed parcels or were unaware that cough syrups were concealed inside the cartons.
Justice Arun Kumar Singh Deshwal passed the order while hearing 78 bail applications together.
The court clarified that codeine-laced cough syrup does not fall within the ambit of the Narcotic Drugs and Psychotropic Substances (NDPS) Act when it is being used solely for legitimate medical purposes.
However, if such syrup is diverted, stocked or sold for the purpose of intoxication, whether under the guise of a licence or without it, 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 cough syrup containing codeine below the prescribed threshold – 0.2 per cent 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 is manufactured as a medicinal product but is subsequently diverted or sold for intoxication or trafficking through fake firms, bogus invoices or without valid documents, the entire consignment can be treated as a narcotic substance and stringent action can be taken under Section 21 of the NDPS Act, the court said.
The court rejected the bail applications of the 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, among others.
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.
However, the court granted bail to several truck drivers, helpers and small retail sellers who were merely transporting sealed parcels or were unaware that cough syrup had been concealed inside the cartons. PTI COR RAJ ARI
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