Petitioners, truck driver and helper, sought bail in an NDPS case over seizure of phensedyl cough syrup transported under valid invoice. The court noted custody duration and clean antecedents and released them on bail with conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9159 of 2025
Arising Out of PS. Case No.-923 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Chittaranjan Sinha, Sr. Adv : Mr. Sanchay Srivastava, Adv : Mrs. Sonali Priya, Adv : Mr. Sushant Srivastava, Adv : Mr. Ashish Kumar Palit, Adv For the Opposite Party/s : Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 27-08-2025
Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
under Sections 8(c), 21(c) and 29 of the NDPS Act.
custody since 03.12.2024.
was found carrying total of 11,740 liters of phensedyl cough syrup was seized, where one of the composition is codeine and salt as used for preparation is “codeine phosphate”, where codeine is one
Patna High Court CR. MISC. No.9159 of 2025(6) dt.27-08-2025 2/3
of the composition, which is prohibited drug in view of NDPS Act, 1985.
Patna High Court CR. MISC. No.9159 of 2025(6) dt.27-08-2025 3/3
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
1 issue framed by the court
Whether driver and helper of a truck carrying licensed phensedyl cough syrup under valid invoice should be granted bail despite NDPS Act Section 37 rigours.
3 provisions across 2 enactments
Md. Hassan
Md. Aariz
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
