The main legal point established in the judgment is the necessity of the chemical analysis report to establish the presence and quantity of narcotics in seized substances, the relevance of the Drugs and Cosmetics Act in determining the nature of seized substances, and the requirements of Section 37 of the NDPS Act for granting bail in cases involving commercial quantity.

ORDER

1. These matters were heard through video conferencing mode.

Justice Indira Bannerji in her dissenting opinion in the case of Tofan Singh vs. State of Tamil Nadu reported in (2021) 4 SCC 1 has observed as follows:

".... 2. The illicit production, distribution, sale and consumption of drugs and psychotropic substances, is a crime of multi-dimensional magnitude, that imposes a staggering burden on the society. In an Article "Narcotic Aggression and Operation Counter Attack" published in the Mainstream dated March 7, 1992, V.R. Krishna Iyer, J. said:-

"Religion is opium of the people, but today opium is the religion of the people, and like God, is omnipresent, omnipotent and omniscient. Alas! Opium makes you slowly ill and eventually kills, makes you a new criminal to rob and buy the stuff, tempts you to smuggle at risk to become rich quick, makes you invisible trafficker of psychotropic substances and operator of a parallel international illicit currency and sub rosa evangelist mafia culture. Drug business makes you if not killed betimes, the possessor of pleasure, power and empire. What noxious menace is this most inescapable evil that benumbs the soul of student, teacher, doctor, politician, artists and professional, and corrupts innocent millions of youth and promising intellectuals everywhere "

3. In the words of Krishna Iyer, J.,

"the global scenario in its sombre macabre, devouring delinquency, is dominated by drug abuse and narcotic trade. Trafficking in drugs and psychotropic substances is not any local or regional crime confined only to India and third- world countries, but is a worldwide phenomenon. All nations including India, had huge drug abuse as a threat to the survival of human beings. "

4. Illicit drug trafficking is an organised crime, highly sophisticated and complex. This illicit traffic, cleverly carried out by hardened criminals with dexterity and skill, not only violates national drug laws and international conventions, but also involves many other criminal activities, including racketeering, conspiracy, bribery and corruption of public officials, tax evasion, banking law violations, illegal money transfers, import/export violations, crimes of violence and terrorism.

5. Narcotics are often supplied for money and also in exchange for weapons. There are numerous drug trafficking mafia yielding, immense power in various regions of the world, including India. The far-reaching consequences of illicit drug trade, even threatens the integrity and stability of governments and renders law enforcement action vulnerable.

6. Considering the huge profits derived by drug barons from rampant consumption of opium and other narcotic drugs, tycoons of the drug cartels, who have international links, go to any extent, to exploit and manipulate unhealthy economic conditions, as well as corruption and weaknesses in the administration, to push drugs into the society, in complete disregard of the health, morality and well- being of the people.'"....

Here is a case, where a case under Section 21 (c) and 29 of the NDPS Act was registered against the four petitioners as 3500 bottles of Eskuf cough syrup allegedly containing codeine were recovered from them, which they allegedly confessed was being taken for drugging purpose. In view of the large quantity of the cough syrup seized, it was the duty of the prosecution to conclude the investigation without leaving any loose ends or lacuna. But although almost one year has elapsed since the case was registered and charge sheet is stated to be filed, neither the chemical analysis report nor any materials in support of the allegation that the petitioners were indulging in sale of the cough syrup for drugging purpose other than recording a confession of two lines that they are guilty, has been produced before this Court.

I have heard Mr. Aditya Kumar Mohapatra, learned counsel for the petitioner- Manoj Kumar Bhuyan in BLAPL No. 6438 of 2020, Mr. Lalitendu Mishra, learned counsel for the petition