Justice Arun Kumar Singh Deshwal held that the statutory exemption granted to codeine preparations under Entry 35 of the Central Government Notification dated November 14, 1985, is strictly conditional upon the formulation being handled for bona fide therapeutic purposes.
The Court clarified that the moment such medicinal preparations are diverted to illicit supply chains for substance abuse, they lose statutory immunity and must be classified as "manufactured drugs" under Section 2(xi) of the NDPS Act.
"Codeine-based cough syrup having permitted quantity of codeine, manufactured or produced as a cough suppressant, if stocked, sold or transported for other purposes (like intoxication) instead of medicinal use, would be treated as a codeine preparation under the category of Manufactured drug and would attract the provisions of the NDPS Act.
The entire mixture of syrup shall be treated as codeine in view of the judgment of the Hon’ble Apex Court in Hira Singh’s case," the Court said.
"In such cases, if the total quantity of codeine recovered in the form of codeine-based cough syrup is found to be above 1 kg, which is a commercial quantity as per the table attached to the NDPS Act, the embargo under section 37 of the NDPS Act would be attracted," the Court said.
Justice Arun Kumar Singh Deshwal held that the statutory exemption granted to codeine preparations under Entry 35 of the Central Government Notification dated November 14, 1985, is strictly conditional upon the formulation being handled for bona fide therapeutic purposes.
The Court clarified that the moment such medicinal preparations are diverted to illicit supply chains for substance abuse, they lose statutory immunity and must be classified as "manufactured drugs" under Section 2(xi) of the NDPS Act.
"Codeine-based cough syrup having permitted quantity of codeine, manufactured or produced as a cough suppressant, if stocked, sold or transported for other purposes (like intoxication) instead of medicinal use, would be treated as a codeine preparation under the category of Manufactured drug and would attract the provisions of the NDPS Act. The entire mixture of syrup shall be treated as codeine in view of the judgment of the Hon’ble Apex Court in Hira Singh’s case," the Court said.
Invoking the landmark Supreme Court ruling in Hira Singh vs Union of India, the High Court reiterated that in cases involving illicit trafficking of narcotic mixtures, the weight of the entire formulation, not merely the pure codeine content, must be considered to evaluate commercial quantity.
"In such cases, if the total quantity of codeine recovered in the form of codeine-based cough syrup is found to be above 1 kg, which is a commercial quantity as per the table attached to the NDPS Act, the embargo under section 37 of the NDPS Act would be attracted," the Court said.
