Allowed

Jai Singh v. Union of India

Allahabad HC16 Mar 2022BAIL/32642/2021

Case brief

AI extract

What is this about?

In this bail application under the NDPS Act regarding Phensedyl Cough Syrup, the court allowed release on bond and sureties, noting co-accused bail and reliance on a prior Division Bench judgment suggesting the syrup is not a narcotic drug.

What did the court decide?

Release on personal bond and two sureties in like amount subject to conditions regarding evidence tampering and witness pressurization.

Jai Singh Vs Union of India — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32642 of 2021

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Applicant :- Jai Singh Opposite Party :- Union of India Counsel for Applicant :- Naseem Ahmad,Salman Ahmad Counsel for Opposite Party :- Ashish Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard S/Sri Naseem Ahmad and Salman Ahmad, Advocates, learned Counsel for the applicant and Sri Ashish Pandey, learned Special Public Prosecutor appearing for Narcotic Control Bureau, Lucknow and perused the record.

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The applicant has filed the instant application with a prayer to release him on bail in Case Crime No. 4 of 2021 under Section 8/29/22 of the N.D.P.S. Act, Police Station N.C.B., District Lucknow.

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On 17.01.2021, a team of officers of N.C.B. Lucknow carried out a raid and found 610 packets kept in a godown which were being loaded in a Truck which contained bottles of Phensedyl Cough Syrup.

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It is contended by the learned Counsel for the Applicant that the Applicant is the cleaner of Truck No. U.P. 53 BT 7304. He has no concern whatsoever, with the owner of the godown. He has further stated that the article recovered by the N.C.B., namely Phensedyl Cough Linctus does not fall within the purview of the N.D.P.S. Act.

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Chandan Kumar who is also named in the recovery memo has been granted bail by means of the order dated 18.11.2021 passed by this Court in Criminal Misc. Bail Application No. 21072 of 2021. Co-accused Ameen Khan who is also named in the recovery memo has been granted bail by means of the order dated 15.06.2021 in Criminal Misc. Bail Application No. 14601 of 2021. Another coaccused whose name was subsequently added during investigation namely Girjesh Kumar Srivastava has also been granted bail by means of the order dated 20.01.2022 passed in Criminal Misc. Bail Application No. 22456 of 2021.

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Learned counsel for the applicant in support of his submission has relied upon and referred to the judgement dated 24.12.2021 passed by a Division Bench of this Court in Vibhor Rana Vs. Union of India, 2021 SCC Online All 908:2022 (1) ADJ 477 , and contended that in the said judgment, this Court has categorically held that the Phensedyl New Cough Linctus Syrup is not a narcotic drug and the said drug is not subject matter of the provisions of NDPS Act and the search and seizure so conducted by the NCB officials is without any authority of law. The complaint so filed on 15.7.2021 by the Intelligence Officer, NCB under Section 8 of NDPS Act is without authority of law and was ultimately quashed.

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Sri Ashish Pandey, learned Special Public Prosecutor appearing for Narcotic Control Bureau, Lucknow contends that the judgement of Vibhor Rana (supra) has been challenged by filing a S.L.P. before the Hon'ble Supreme Court and the substance Phensedyl New Cough Linctus Syrup contains Codeine Phosphate IP, which is a narcotic substance. Therefore, the contention of the learned counsel for the applicant that the recovered substance is not narcotic substance is incorrect.

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Upon hearing the learned Counsel for the parties, perusal of record and considering the judgement passed by a Division Bench of this Court in Vibhor Rana (supra) as well as the fact that the three other co-accused persons have already been granted bail, I find that it a fit case for bail. Accordingly, this bail application stands allowed.

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Let the applicant Jai Singh be released on bail in Case Crime No. 4 of 2021 under Sections 8/29/22 of the N.D.P.S. Act, Police Station N.C.B., District Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 16.3.2022

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Jaswant