Codeine cough syrup can remain within NDPS control when exemption limits and therapeutic-use conditions are not met.

Codeine-containing cough syrups may fall within the NDPS Act where the preparation does not satisfy the limited exemption for prescribed dosage, concentration and therapeutic use. The Court treated codeine as a narcotic drug, noted that manufactured drugs can remain subject to the NDPS framework, and rejected the argument that recovery in bottle form or small quantity by itself removed the seizure from NDPS control. Relying on the statutory scheme and binding precedents, it held that the restrictions applicable to NDPS offences continued to operate on the seized preparations, and bail was not justified.

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Issues: Whether the petitioners were entitled to bail where the recovered cough syrups contained codeine phosphate and the Court had to determine whether such preparations fell within the NDPS Act or were regulated only under the Drugs and Cosmetics law.

Analysis: The Court noted that codeine is treated as a narcotic drug and that manufactured drugs are brought within the NDPS framework, while the Central Government notifications carved out only limited exemptions for preparations containing codeine within prescribed dosage and concentration limits and for therapeutic practice. On the materials placed, the Court found that the recovery involved cough syrups containing codeine phosphate and that the petitioners had not made out a case that the seized preparations were outside the NDPS regime merely because the gross recovery was in bottle form or because some quantities were argued to be small. The Court relied on the statutory scheme and the binding precedents cited before it to hold that the restrictions applicable to NDPS offences continued to operate.

Conclusion: Bail was not justified and the petitions were liable to be rejected.

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