Harshbardhan Mehra Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44942 of 2025

Arising Out of PS. Case No.-56 Year-2025 Thana- HARLAKHI District- Madhubani

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Harshbardhan Mehra S/o Devendra Ram R/O- Village- Harine (Harine), P.S.Harlakhi, District- Madhubani ... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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6 15-12-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 20 and 22 of the NDPS Act.

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The case of the prosecution in short is that from the possession of this petitioner cough syrup containing codeine having brand name of codeine phosphate and chliopheneremine maleaje syrup exiplon 100 ml each 19 in numbers, Spasmo prosyvon plus cap 2016 in numbers, nitrazepim tab nitrovet 10 1100 in numbers, pentazocine inj 55 in numbers, nitrazepin tab 10 mg nitrovet 659 in numbers and nitrazep tab nitrosun 400 numbers were recovered.

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Learned counsel for the petitioner has submitted that save and except codeine syrup all the contraband which has

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Patna High Court CR. MISC. No.44942 of 2025(6) dt.15-12-2025 2/3

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been recovered is of small quantity, as far as codeine is concerned, the Central Government has issued Notification No. S.O. 826(E) dated 14.11.1985 which is given hereunder:-

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“S.O. 826(E). - In exercise of the powers conferred by sub-clause (b) of clause (xi) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby declares the following narcotic substances and preparations to be manufactured drugs, namely:-

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xxx

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35. Methyl morphine (commonly known as 'Codeine') and Ethyle morphine and their salts (including Dionine), all dilutions and preparations except those which are compounded with one or more other ingredients and containing not more than 100 milligrams of the drug per dosage unit, and with a concentration of not more than 2.5% in undivided preparations and which have been established in Therapeutic practice. xxx”

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In this case, codeine phosphate and chliophenira

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mine maleate syrup exiplon has been recovered and the concentration of the codeine in this drug is less than 2.5% as provided in the above notification.

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Learned APP appearing for the State has

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Patna High Court CR. MISC. No.44942 of 2025(6) dt.15-12-2025 3/3

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vehemently the application for bail and has submitted that in the case of Hira Singh and Anr. V. Union of India and Anr., the Hon’ble Supreme Court has held that entire non-toxic material which is mixed with the contraband will be considered as the contraband and as such, the quantity which has been recovered form the possession of this petitioner is commercial quantity.

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In this regard, it is worth mentioning that in view of Section 2(d) of the N.D.P.S. Act, the drug itself is not narcotic drug then there is no jurisdictional basis for the case and the Court would not have a reason to go into the question of quantities. The Central Government has power to issue notification time to time.

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8 . Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harlakhi P.S. Case No. 56 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J., Madhubani.

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(Ashok Kumar Pandey, J)

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durgesh/- U T

Harshbardhan Mehra v. The State of Bihar

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Harshbardhan Mehra v. The State of Bihar

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