Delhi court orders charges against man in 4,300 kg codeine syrup case

A Delhi court ordered framing of charges against a man accused of illegally possessing over 4,300 kg of codeine-based cough syrup. The court held that the evidence, including invoices and forensic findings, raised grave suspicion of illegal procurement and storage under the NDPS Act

New Delhi: A Delhi court has ordered the framing of charges against a man for the alleged illegal possession of over 4,300 kg of codeine-based cough syrup, saying the evidence raises grave suspicion against him.

Special Judge Jitendra Pratap Singh said a prima facie case is made out against the accused, Vipin Chawla, under the NDPS Act. According to the prosecution, the special cell of Delhi Police conducted a raid on June 16, 2023, at a shop in Azadpur where 302 boxes containing a total of 36,238 bottles (100 ml each) of cough syrup were recovered.

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It said the total weight of the seized psychotropic substance was approximately 4,312 kg, which far exceeded the “commercial quantity” limit of one kg for codeine prescribed by the government.

In its order dated July 30, the court trashed the accused’s defence that he was merely a manager at a firm called ‘M/s Surya Pharma’ and that the stock was being returned to the supplier following a government ban on certain codeine combinations, and that the firm had valid licenses.

The court said the premises where the drugs were stored were unlicensed and that the accused himself had provided the keys to open the shop during the raid.

It said while 48,818 bottles were originally supplied to the accused, only 36,238 were recovered, and the lack of sale records for the remaining 12,580 bottles suggests they may have been “illicitly disposed of in the market.” “The recovery is of a quantity far beyond the commercial quantity prescribed under the NDPS Act. This circumstance, by itself, is a strong incriminating factor at the stage of charge,” the court said.

It said forensic reports indicated Chawla’s signatures on questioned invoices, linking him to the procurement of the contraband. “The prosecution has relied upon the alleged procurement chain, invoices, CDR connectivity, dealings with suppliers, absence of lawful records and storage at unauthorised premises,” he said. “These circumstances, taken together, prima facie raise grave suspicion regarding involvement of the accused in illegal procurement, storage and distribution of psychotropic substance,” the court said.

It said defence pleas raised by the accused were unable to completely demolish the prosecution case at the stage of charge. “Accordingly, prima facie charge is made out against accused Vipin Chawla for the offences punishable under Sections 22(c) and 29 of the NDPS Act,” the court said.

According to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Codeine and Chlorpheniramine Maleate, both found in the seized cough syrups, are banned psychotropic preparations.