Confessional statements under NDPS Section 67 inadmissible against non-possessors; no conscious possession recovery justifies bail grant despite commercial quantity, overcoming Section 37 rigours.

JUDGMENT :

SANDEEP SHARMA, J.

Sequel to orders dated 30.01.2026, 10.02.2026 and 19.02.2026, whereby this Court enlarged the bail-petitioners on interim bail in case FIR No.301 dated 05.12.2025 under Sections 22 and 29 of ND & PS Act, registered at PS Baddi, District Solan, HP, respondent/State has filed status report and SI Vipan Kumar has come present with record. Record perused and returned.

2. Close scrutiny of status report/ record reveals that on 05.12.2025, police, after having received secret information to the effect that person namely Prajwal Sharma, R/o Village Malookmajra, Morphin Road, near Bharat Petrol Pump, Baddi, indulge in illegal trade of narcotics, constituted a raiding party and allegedly recovered 360 bottles of Syrup namely Zing Cirex-T containing Triprolidine Hydrochloride and Codeine Phosphate Syrup in the presence of independent witnesses. Out of aforesaid 360 bottles, 14 bottles were having label of CSD Life sciences, whereas the remaining bottles were without any label. Since no plausible explanation ever came to be rendered on record qua possession of aforesaid bottles of cough syrup containing narcotic substance i.e. codeine phosphate, police, after having completed necessary codal formalities, lodged FIR detailed hereinabove against Prajwal Sharma, who allegedly during investigation disclosed that accommodation in which he along with Pardeep resides, is in the name of CSD Life Sciences. He also disclosed to the Police that bottles recovered from him were stacked by the co-accused Pardeep on the askance of owner of CSD Life Sciences namely Vishal. On the basis of aforesaid statement given by the Prajwal Sharma, Police arrested Pardeep, whereas owners of CSD Life Sciences namely Vishal and Sachin along with Production Manager Alok Dhar Dwivedi, approached the Court of learned Sessions Judge, Solan, by way of bail petition filed under Section 482 Bharatiya Nagrik Suraksha Sanhita for grant of anticipatory bail. However, same were dismissed. In the afore background, above named persons have approached this Court in the instant proceedings for grant of interim bail.

3. Vide orders dated 30.01.2026, 10.02.2026 and 19.02.2026, this Court, enlarged the bail-petitioners on interim bail subject to condition that they shall join investigation. Since bail-petitioners have already joined the investigation and nothing remains to be recovered from them, prayer has been made on their behalf for confirmation of interim bail granted vide orders dated 30.01.2026, 10.02.2026 and 19.02.2026.

4. Mr. Rajan Kahol, learned Additional Advocate General, on instructions of Investigating officer, states that though nothing remains to be recovered from the bail-petitioners, but they have not disclosed information with regard to production of 360 bottles, which were otherwise found to be manufactured in excess as per record and were recovered from the room of co-accused Prajwal Sharma. Mr. Kahol states that as per record of CSD Life Sciences, 360 bottles were not manufactured there, rather all the drugs manufactured in CSD Life Sciences were sent to Kanpur. He states that Investigation Agency has yet to find out from where 360 bottles in excess to particular batch were prepared and why they were lying in the room hired by the CSD Life Sciences. He states that though 360 bottles containing nar