The Madhya Pradesh High Court, while denying bail, held that possession of medicines, including cough syrups, which contain narcotic substances, without any valid prescription or documents, would attract the stringent provisions provided under Narcotic Drugs and Psychotropic Substances Act, 1985.
In the instant case, the applicant and the co-accused had been apprehended and 30 cough syrup bottles of 100 ml, containing a narcotic substance known as “codeine phosphate”, were seized from them. Subsequently, FIR had been registered under relevant sections of NDPS Act and Madhya Pradesh Drug Control Act, 1951.
The counsel on behalf of applicants prayed for bail on the ground that the applicants had no criminal past and that were being falsely implicated. The counsel on behalf of State opposed the relief of bail on the ground that the applicants did not possess relevant documents that could authorize the possession of said cough syrups containing narcotic substances.
The court rejected the bail plea under Section 37 of the NDPS Act, 1985, which states that offences under the statute would be cognizable and non-bailable in nature, and placed reliance on the apex court verdicts.
The bench relied on the case of State of Punjab v Rakesh Kumar (2018), wherein the apex court held that any deal of narcotic drugs and psychotropic substances would be permissible under law only if it had been made for scientific purposes, or with due medical prescription.
The court, therefore, rejected the bail plea and did not permit possession of medicines containing legally-bound substances without relevant documents.
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