Amar Deep Sharma @ Lalu Sharma Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mrs. Mili Kumari For the Opposite Party/s : Mr. Nawal Kishore Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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3 21-01-2026

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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 preferred this application for grant of regular bail in connection with Darbhanga Town P.S. Case No. 136 of 2025 registered for the offences punishable under Sections 8(C), 29, 35 and 21(C) of the NDPS Act.

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As per the allegation made in the F.I.R., there is recovery of 220 bottles of Onerex Cough Syrup (100 ml), and other contraband materials which is the subject matter of the present case.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is contended that no incriminating article has been recovered from the conscious possession of the petitioner;

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Patna High Court CR. MISC. No.77236 of 2025(3) dt.21-01-2026 2/4

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the material was allegedly recovered from a semi-constructed two-room flat, which is not the residential house of the petitioner. Petitioner is in custody since 28.07.2025 and a statement has been made in para 3 of the bail petition that petitioner has clean antecedent.

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Learned counsel for the petitioner has also submitted that Under Notification No. S.O. 826(E) dated 14.11.1985 under the Narcotic Drugs and Psychotropic Substances Act and Rules, 1985 that preparations are exempted as manufactured drugs provided the preparations contained the narcotic drugs to the extent permitted in respect of codeine under Entry No. 35. It is stated that codeine and ethyle morphine and their salts including dionine all dilutions and preparations are considered to be manufactured drugs except those which are compounded with one or more other ingredients and containing not more than 100 miligrams of the drugs per doses unit and with a concentration of not more than 2.5 % in undivided preparations and which have been established in therapeutic practice.

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In this case, Onerex cough syrup has been recovered and the concentration of the codeine in this drug is approximately 0.2% which is less than 2.5% as provided in the

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Patna High Court CR. MISC. No.77236 of 2025(3) dt.21-01-2026 3/4

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above notification.

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Learned APP appearing for the State has vehemently opposed 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 from 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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Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions JudgeI/Special Judge, NDPS, Darbhanga in connection with Darbhanga Town P.S. Case No. 136 of 2025 subject to the following conditions :-

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(i). Petitioner will remain physically present in trial on

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Patna High Court CR. MISC. No.77236 of 2025(3) dt.21-01-2026 4/4

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each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of

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the petitioner may be cancelled by the Trial Court.

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(ii). One of the bailor shall be his family member.

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(S. B. Pd. Singh, J)