4,970 litres of codeine cough syrup ordered destroyed after transport without Bihar permit and GPS-enabled lock

The connected writ petitions arose from the seizure of an Eicher truck bearing Registration No. UP-85-ET-6068, along with 355 cartons of Wiscof Codeine Phosphate Cough Syrup, in Excise (Jagdishpur) Case No. 199 of 2025, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The seizure occurred on 21 November 2025 after the vehicle was intercepted on the basis of secret information. The consignment comprised 49,700 bottles of 100 ml each, totalling 4,970 litres of codeine phosphate cough syrup, bearing batch number WW-125155.

M/s Windlas Biotech Pvt. Ltd., the consignor, sought release of the seized consignment. It relied on its drug manufacturing licence, the consignee Divine Enterprises’ drug licences, GST invoices, e-way bills, a C&F agency agreement, and transportation documents.

The State opposed release on the ground that the consignment was transported without a permit issued by the Collector under the Bihar Prohibition and Excise Act and in a vehicle not fitted with the mandatory GPS-enabled digital lock system.

Yogesh Kumar, claiming to be the owner/operator of the transport vehicle, separately sought its release, contending that it was a commercial vehicle being used for lawful transportation and that its continued detention in an open police-station area could cause deterioration.

The State submitted that the petitioner had an alternative remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021, by filing an application in Form IV.

Whether the consignor was entitled to release of the 355 cartons of codeine-based cough syrup merely on the basis of valid drug licences, invoices, e-way bills, and commercial transportation documents, in the absence of a Collector-issued permit under the Bihar Prohibition and Excise Act?

Whether transportation of the codeine-based cough syrup in a vehicle not fitted with a functional GPS-enabled digital lock rendered the transportation illegal and disentitled the consignor to release of the seized consignment?

Whether the vehicle owner could seek direct release of the seized vehicle through a writ petition without first invoking the statutory remedy under Rule 12A of the Bihar Prohibition and Excise Rules, 2021?

The Court applied the Bihar Prohibition and Excise Act, 2016, particularly the notification dated 18 October 2016 issued under Section 3, which declared medicinal preparations containing codeine to be intoxicants and prohibited their manufacture, bottling, distribution, possession, transportation, transit, import, or export without a valid licence or permit issued by the Collector.

It further relied on Rule 7 and the notification dated 18 April 2023, published as Bihar Gazette Notification No. 329, requiring vehicles transporting intoxicants, including codeine-based syrups, to be fitted with a functional GPS-enabled digital lock; transportation through an ordinary vehicle was declared illegal and punishable.

The Court also referred to Section 57A of the Act as authorising destruction of the seized intoxicant.

In relation to the vehicle, Rule 12A of the Bihar Prohibition and Excise Rules, 2021 provides the statutory mechanism for seeking release before the confiscating authority by filing an application in Form IV.

The Court held that the petitioner’s drug manufacturing licence and the consignee’s drug licences established, at most, compliance with the regulatory requirements under the drugs law; they did not replace the separate permit and transportation requirements imposed by Bihar excise law.

Since codeine had been declared an intoxicant in Bihar, its transportation into or within the State required a Collector-issued permit under the 18 October 2016 notification.

The Court found it undisputed that neither the consignor nor the consignee possessed such a permit.

It further found that the truck lacked the GPS-enabled digital lock mandated by the 18 April 2023 notification, making the transportation illegal irrespective of the existence of invoices, e-way bills, and drug licences.

Accordingly, the consignor failed to establish any entitlement to release of the seized consignment.

As to the vehicle, the Court did not adjudicate the merits of release; instead, it required the petitioner to first pursue the statutory remedy before the confiscating authority under Rule 12A.

The Court refused release of the 355 cartons of Wiscof Codeine Cough Syrup because the consignment had allegedly been transported without the requisite Collector-issued permit and in a vehicle lacking the mandatory GPS-enabled digital lock.

The concerned authority was directed to destroy the seized consignment under Section 57A of the Bihar Prohibition and Excise Act, 2016.

The vehicle-release petition filed by Yogesh Kumar was disposed of with liberty to file an application in Form IV under Rule 12A of the Bihar Prohibition and Excise Rules, 2021.

The Collector-cum-District Magistrate, Bhojpur, was directed to decide such application by a speaking order, preferably within two weeks of filing, provided the vehicle had not already been auctioned.