Guwahati, June 5: Persons caught transporting, stocking or selling large quantities of codeine-laced cough syrups without valid documents can now be prosecuted under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

A Gauhati High Court order passed on May 25 allows the authorities to book any person possessing cough syrups containing codeine or codeine phosphate without valid documents or medical prescriptions under the provisions of the NDPS Act.

The order was passed in connection with two bail petitions filed by four accused persons who were arrested with truckloads of illegal cough syrup containing codeine or codeine phosphate at Chagolia checkgate.

The accused had argued that possession of the cough syrups fell under the purview of the Drugs and Cosmetics Act, 1940.

Registration of cases under the NDPS Act will attract harsher punishment compared to the Drugs and Cosmetics Act.

The order passed by Justice C.R. Sarma said it was the burden of the petitioners to prove that they did not possess the medicines illegally and that they were meant for medical or scientific purposes, under licence or provision granted by a competent authority.

“But the petitioners have failed to discharge this burden. This failure on the part of the petitioners makes them liable under the NDPS Act, for possessing and carrying the narcotic drugs,” the order said.

“In the light of the above, as the petitioners are found to have carried huge quantity of codeine (narcotic drugs), which is found to be more than commercial quantity, in violation of the statutory provision of Section 8 (c) of the NDPS Act. The provisions of NDPS Act would be applicable in the present cases and the petitioners of both the bail applications can be prosecuted under Section 22 (c) of the NDPS act,” Justice Sarma ruled.

One of the bail petitions was filed by Md Sahab Uddin and Bishu Das who were arrested by police on February 16 this year following the recovery of 347 cartoons, each containing 100 bottles of Phensedyl cough syrup, from their truck. Bhupendar Singh and Indrapal Singh who were arrested on February 12 after recovery of 10,000 bottles of Recodex cough syrup and 24,450 bottles of Phensedyl cough syrup from their trucks filed the other petition.

The high court rejected both the bail petitions.