Patna High Court Finds Conviction Unsustainable as Phenothiazine and Promethazine Fall Outside NDPS Framework

The Patna High Court suspended the sentence of persons convicted under the NDPS Act after finding that the seized substances, Phenothiazine and Promethazine, do not fall within the definition of “narcotic drugs” or “psychotropic substances” under the Act.

The Court noted that these substances are instead covered under the Drugs and Cosmetics Act and are not listed in the NDPS schedule or relevant notifications.

Observing that the conviction may be unsustainable, the Court held that the appellants had made out a strong prima facie case.

Accordingly, it granted suspension of sentence and bail pending appeal.

[Vijay Kumar v. The State of Bihar & Connected Matters]