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2017 (12) TMI 641 - HC - Indian LawsOffence under Section 8/21 of the NDPS Act - benefit of bail - 199 bottles of Wincerex Cough Syrup were recovered - Held that:- This Court is of the opinion that the law laid down by the Hon’ble Apex Court in Mohd. Sahabuddin & Anr. Vs. State of Assam (2012 (10) TMI 1163 - SUPREME COURT) is amply clear, whereby the recovery of cough syrup containing Codeine Phosphate in bail matter was found to be sufficient ground to reject the bail application. The said precedent law has been followed by the coordinate Bench of this Court in the aforequoted judgment, after considering at length, the judgments cited by the learned counsel for the petitioner. Merely because the recovery is of small quantity, as defined in the Schedule, the benefit of bail cannot be granted to the present petitioners. In light of the aforesaid discussion, this Court is of the opinion that since Codeine Phosphate has been defined as manufactured drugs under the NDPS Act and falls within the purview of the said Act and the investigation in the present case is still continuing, no case for grant of bail to the present petitioners is made out.
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