अलाहाबाद हाई कोर्ट ने फेंसिडिल कोडिन केस में PITNDPS हिरासत को रद्द किया

Allahabad High Court quashes PITNDPS detention in Phensedyl trafficking case

The Allahabad High Court quashed the preventive detention of two accused in the Phensedyl diversion case. The ruling turned on whether the codeine cough syrup could attract NDPS-linked detention powers.

The Allahabad High Court on Thursday allowed habeas corpus petitions filed by two accused and set aside their detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, in a case linked to the alleged diversion and illegal trafficking of codeine-based cough syrups.

A bench of Justices Atul Sreedharan and Achal Sachdev passed the order after hearing counsel for petitioners Vibhor Rana and Vishal Singh, along with the state government. The petitioners had challenged the detention orders dated July 7, alleging non-application of mind.

The preventive detention proceedings were linked to cases registered in Lucknow and Ghaziabad over an alleged racket involving the illegal trade and diversion of Phensedyl, a codeine-based cough syrup. The petitioners were alleged to be among the kingpins of the racket.

The petitions said the detention orders did not show any real possibility of Rana being released from custody and then engaging in activities prejudicial to the purpose of the preventive detention law. In Rana's case, it was also argued that his name came up later in the investigation through statements attributed to co-accused persons. Rana, who is also an accused in several other cases, has remained in judicial custody since November 2025.

A key argument before the court was that Phensedyl is neither a narcotic drug nor a psychotropic substance, and that the provisions of the NDPS Act could not be applied merely because the formulation contains codeine. The petitions referred to a central government notification of November 14, 1985, issued under the NDPS Act, which exempts certain codeine preparations containing not more than 100 mg of codeine per dosage unit and not more than 2.5 per cent concentration in undivided preparations, subject to prescribed conditions.

Counsel for the petitioners argued that Phensedyl did not amount to a manufactured drug or narcotic drug under the NDPS Act. The court's order quashing the detention brought relief to the two accused in their challenge to the July 7 orders.

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