Shree Prasad Yadav Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80757 of 2025

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Arising Out of PS. Case No.-144 Year-2025 Thana- LAUKAHA District- Madhubani

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======================================================

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Shree Prasad Yadav S/o- Ram Swaroop Yadav R/o Village- Bandarjhula, PSLaukaha, 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 : Ms. Nitu Kumari, Advocate Mr. Manish Kumar No.13, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 03-12-2025

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Heard learned counsel for the petitioner and Mr. Anil

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Prasad Singh, learned 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 a gumti, Korcof Syrup 100 ml each 24 bottles, Onerex Syrup 100 ml each 16 bottles and WixdIN Syrup 100 ml each 27 bottles altogether 67 bottles containing codeine was recovered.

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Learned counsel for the petitioner has submitted that as per the case of the prosecution alleged cough syrup was recovered from a gumti. It has been submitted that this petitioner disown that gumti. Learned counsel for the petitioner has submitted that the petitioner is a man of clean antecedent and is in judicial custody since 06.09.2025.

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Patna High Court CR. MISC. No.80757 of 2025(2) dt.03-12-2025 2/3

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Learned counsel for the petitioner has submitted that

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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, Korcof, Onerex and Wixdin Cough

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Syrup have been recovered from the possession of the petitioner

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and the concentration of the codeine in these drugs is less than 2.5%.

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Learned APP appearing for the State has vehemently

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Patna High Court CR. MISC. No.80757 of 2025(2) dt.03-12-2025 3/3

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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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Having heard learned counsel for the parties and considering the 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 Laukaha P.S. Case No. 144 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 Principal Sessions Judge, Madhubani.

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(Ashok Kumar Pandey, J)

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Durgesh/- U T

Shree Prasad Yadav v. The State of Bihar

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Shree Prasad Yadav v. The State of Bihar

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