Licensed manufacture and disputed invoices under NDPS Act required fresh fact-finding before bail reconsideration.

Recovery of licensed COLDSET tablets from the petitioner's unit was treated as insufficient by itself to show illegality, because the competent authority had permitted manufacture and marketing and the sampled composition matched permitted components. The alleged fake invoices and supplies to non-existent firms were not considered adequately verified on the material then available, and the court observed that if the supplies were genuine, the stricter Section 37 NDPS Act bar would not automatically apply. A fresh fact-finding exercise from the concerned authorities in Himachal Pradesh and Uttarakhand was directed before bail was reconsidered, with release to follow if two views remained possible.

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Issues: Whether the petitioner was entitled to bail under the NDPS Act in view of the allegations, the licensed manufacture of the recovered tablets, the disputed invoices and the need for a fresh fact-finding report before reconsideration of bail.

Analysis: The recovery of COLDSET tablets from the petitioner's unit was held not, by itself, to establish illegality because the competent authority had expressly permitted manufacture and marketing of the product, and the chemical composition found in the samples matched permitted components. The allegation regarding fake bills and supply to non-existent firms was considered insufficiently investigated on the material then available, while the Court also noted that if the alleged supplies were genuine, the stricter bar under Section 37 of the NDPS Act would not automatically apply. In view of the seriousness of the allegations and the need for an official verification of the factual matrix from the concerned authorities in Himachal Pradesh and Uttarakhand, a fresh fact-finding exercise was directed.

Conclusion: The petitioner was not granted an immediate final bail order, but the matter was sent back for fresh consideration after receipt of the fact-finding report, with a direction that if two views were possible, he should be released on bail.

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