Mukesh Sardar vs. State Of Chhattisgarh

Facts

The applicant, Mukesh Sardar, was arrested in connection with Crime No. 37/2026 for an alleged offence under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution alleged that on 19.02.2026, police seized 90 bottles of Planokuf cough syrup from the applicant, who was allegedly selling it. The applicant claimed he was an employee of Sai Medical Stores, Pakhanjur, and was transporting the syrup from the godown to the store. He stated he had purchase bills and a licence, which were later collected by the investigating agency. The State contended that the applicant was the proprietor of Sai Medical Store and was selling the cough syrup without a prescription and without maintaining records, even selling it to children.

Held

The Court granted bail to the applicant. The Court considered the fact that the seized cough syrup was admittedly procured from an authorized dealer and that the purchase bills had been collected by the Investigating Officer during the investigation. It also noted that the charge-sheet had been filed, the applicant had no criminal antecedents, and had been in judicial custody since 19.02.2026, with the trial likely to take considerable time. Without expressing an opinion on the merits of the case, the Court found the applicant entitled to be released on bail, subject to furnishing a personal bond with two sureties and adhering to specific conditions regarding court appearances and non-adjournment of evidence.

Key Issues

1. Whether the applicant, an alleged employee of a licensed medical store, is liable under Section 21 of the NDPS Act for possessing cough syrup containing Codeine Phosphate and Triprolidine Hydrochloride, when purchase bills and a licence were allegedly available and subsequently collected by the investigating agency? Petitioner's Arguments: The applicant argued that no offence under the NDPS Act was made out as he was merely an employee transporting lawfully purchased cough syrup. He contended that the seized cough syrup was purchased with a GST tax invoice dated 11.02.2026 from an authorized dealer. He further argued that the alleged violation was at most a breach of licence conditions, not an NDPS offence, and that he had no criminal antecedents. Revenue/State's Arguments: The State argued that the applicant was the proprietor of Sai Medical Store and was selling the cough syrup without a prescription and without maintaining records, in violation of statutory provisions. They also alleged he sold the syrup to children without a prescription.