A Delhi court has ordered the framing of charges against a man accused of allegedly storing more than 4,300 kg of codeine-based cough syrup at an unlicensed premises, holding that the prosecution has established a prima facie case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case stems from a June 16, 2023, Delhi Police Special Cell raid in Azadpur, where officers seized 36,238 bottles of codeine cough syrup from the premises.

In its July 30 order, Special Judge Jitendra Pratap Singh said the quantity recovered was far above the one-kilogram commercial quantity prescribed for codeine under the NDPS Act and observed that the material on record raised "grave suspicion" about Vipin Chawla's alleged involvement in the illegal procurement, storage, and distribution of the psychotropic substance.

According to the July 30 court order, Vipin Chawla argued that he was only a manager at M/s Surya Pharma and that the stock was being returned to the supplier following a government ban on certain codeine combinations. He also maintained that the company held valid licenses.

The court rejected the defense, observing that the cough syrup was stored at an unlicensed premises and that Chawla had provided the keys to open the shop during the Delhi Police Special Cell raid.

The prosecution alleged that 48,818 bottles had originally been supplied, but only 36,238 bottles were recovered. The court further noted that sale records for the remaining 12,580 bottles were unavailable, suggesting they may have been "illicitly disposed of in the market."

The court noted that forensic reports linked Vipin Chawla's signatures to questioned invoices, connecting him to the alleged procurement of the contraband. It also referred to the alleged procurement chain, supplier dealings, call detail record (CDR) connectivity, and the absence of lawful storage records while concluding that sufficient material existed to frame charges.

As reported by Medical Dialogues, the Delhi court observed in its July 30 order, "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 subsequently held that a prima facie case was made out to frame charges against Chawla under Sections 22(c) and 29 of the NDPS Act.

Codeine is an opioid used in certain prescription cough syrups to suppress severe cough. Because of its potential for dependence and misuse, its manufacture, storage, distribution, and sale are regulated under India's drug control and narcotics laws.

In India, codeine-containing medicines are regulated under the Drugs and Cosmetics Act, 1940, and the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, with oversight by the Central Drugs Standard Control Organization (CDSCO) and state drug regulatory authorities. Unauthorized possession, storage, or distribution of regulated narcotic or psychotropic substances may attract prosecution under the NDPS Act, depending on the quantity involved and the circumstances of each case.

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The case has drawn attention to the importance of ensuring that prescription medicines containing controlled substances are stored, transported, and distributed only through authorized channels. Investigators have alleged that thousands of bottles supplied to the accused could not be accounted for, an allegation that will be examined during trial.

While ordering the framing of charges, the Delhi court observed, "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," according to the July 30 order reported by Medical Dialogues.

The order relates only to the framing of charges and does not determine guilt. The prosecution will now have to prove its case during trial.

Reference:

1. Government of India. The Drugs and Cosmetics Act, 1940. India Code. Accessed August 5, 2026. https://www.indiacode.nic.in/handle/123456789/15278

(Rh/TP/MSM)