The Narcotics Control Act, 1990
Section 2 and 1st schedule [Ka (3)]
The Drugs (Control) Ordinance, 1982
Section 8 Schedule-III
Phensedyl– Phensedyl is a liquid substance with which a solid substance i.e. codeine phosphate is found mixed. In this circumstance, we are of the view that when any kind of narcotic is found mixed with other substances whether it is liquid or solid, for the purpose of imposing punishment the ‘total amount of substances’ with which the narcotic has been mixed requires to be considered as narcotic substances and the accused will be punished accordingly. In this situation, if the substance with which the narcotic has been found mixed is liquid, the total amount of narcotic substance need to be counted based on volume or mass. .....The State =VS= Badal Kumar Paul, (Criminal), 2022(1) [12 LM (AD) 423] ....View Full Judgment

The Narcotics Control Act, 1990
Section 19(1) Serial 3
The Drugs (Control) Ordinance, 1982
Section 8 Schedule-III
Any portion of the mixture of codeine phosphate with any other liquid substance shall render the total amount of liquid substance as narcotics substances and punishment will be imposed based on the quantity of total amount of such combination– ‘Codeine’ and ‘codeine phosphate’ are included in Schedule III of the Drugs (Control) Ordinance, 1982. So, the use of codeine and codeine phosphate is not permitted in our country. Moreover, Phensedyl is also a prohibited drug in Bangladesh under Section 8 Schedule-III of the Drugs (Control) Ordinance, 1982. Since codeine phosphate is one of the ingredients of Phensedyl, the import, manufacture or sale of Phensedyl is punishable under the Act. Again in the Narcotics Control Act, 1990 codeine has been mentioned as schedule of narcotics. Since codeine phosphate is a derivative of codeine, in our unerring opinion it is also a scheduled narcotic. Due to its addictive nature, it cannot be used in any cough syrup or any other liquid substance in any combination form.
Appellate Division is of the view that since codeine phosphate is a derivative of codeine, it has to be considered as scheduled narcotics and any portion of the mixture of codeine phosphate with any other liquid substance shall render the total amount of liquid substance as narcotics substances and punishment will be imposed based on the quantity of total amount of such combination. .....The State =VS= Badal Kumar Paul, (Criminal), 2022(1) [12 LM (AD) 423] ....View Full Judgment

Narcotics Control Act, 1990
Section 19(1) Serial 3
The Drugs (Control) Ordinance, 1982
Section 8 Schedule-III
Since codeine phosphate is a derivative of codeine, it thus also stands as a ‘Ka’ class narcotic under Schedule-I of the Narcotics Control Act, 1990:
‘Codeine phosphate’ is a derivative of codeine and codeine is a scheduled narcotic under Section 19(1) Serial 3 of the Narcotics Control Act, 1990, which is an opium derivative. In schedule-I of the Narcotics Control Act, 1990 three categories of narcotics have been enumerated. The derivatives of opium have been mentioned in serial 3 of ‘Ka’ class of narcotics, where codeine is one of the derivatives. So, indisputably according to the Narcotics Control Act, 1990 ‘codeine’ is a scheduled narcotic and it is prohibited. Guidelines for evaluation of medical products proposed in Annexure–III of the Report of the Expert Committee for Drugs on the National Drug Policy of Bangladesh, 1982 strictly prohibits the use of codeine in any combination form as it causes addiction. Since codeine phosphate is a derivative of codeine, it thus also stands as a ‘Ka’ class narcotic under Schedule-I of the Act. ...The State Vs. Badal Kumar Paul, (Criminal), 17 SCOB [2023] AD 43 ....View Full Judgment

The Narcotics Control Act, 1990
Section 2 and 1st schedule [Ka (3)]
The Drugs (Control) Ordinance, 1982
Section 8 Schedule-III
For the purpose of imposing punishment the ‘total amount of substances’ with which the narcotic has been mixed requires to be considered as narcotic substances:
Phensedyl is a liquid substance with which a solid substance i.e. codeine phosphate is found mixed. In this circumstance, we are of the view that when any kind of narcotic is found mixed with other substances whether it is liquid or solid, for the purpose of imposing punishment the ‘total amount of substances’ with which the narcotic has been mixed requires to be considered as narcotic substances and the accused will be punished accordingly. In this situation, if the substance with which the narcotic has been found mixed is liquid, the total amount of narcotic substance need to be counted based on volume or mass. ...The State Vs. Badal Kumar Paul, (Criminal), 17 SCOB [2023] AD 43 ....View Full Judgment

Schedule III of the Drugs (Control) Ordinance, 1982: ‘Codeine’ and ‘codeine phosphate’ are included in Schedule III of the Drugs (Control) Ordinance, 1982. So, the use of codeine and codeine phosphate is not permitted in our country. Moreover, Phensedyl is also a prohibited drug in Bangladesh under Section 8 Schedule-III of the Drugs (Control) Ordinance, 1982. Since codeine phosphate is one of the ingredients of Phensedyl, the import, manufacture or sale of Phensedyl is punishable under the Act. Again in the Narcotics Control Act, 1990 codeine has been mentioned as schedule of narcotics. Since codeine phosphate is a derivative of codeine, in our unerring opinion it is also a scheduled narcotic. Due to its addictive nature, it cannot be used in any cough syrup or any other liquid substance in any combination form. ...The State Vs. Badal Kumar Paul, (Criminal), 17 SCOB [2023] AD 43 ....View Full Judgment