ORDER : This Crl.M.C is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short the ‘Cr.P.C.’) seeking to quash crime No.1418/2021 of Infopark Police Station, Ernakulam City, copy of which is appended to the petition on hand as Annexure A1. 2. The grievance of the petitioner was that the crime in question was registered for offences punishable under Sections 27B and 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act’), without any basis. According to him, as per the allegations of the prosecution, a mobile phone of the 2nd accused was seized by the police in another crime and during examination of it some videos of the petitioner and other accused using narcotic substances on different occasions between 26.03.2020 to 25.04.2020 in a Flat namely 'Vista Flat', Edachirakara, Kakkanad were found. The mobile phone was seized and the crime in question was registered. 3. According to the learned counsel, recovery of any substances, possession or use of which is prohibited under the provisions of the NDPS Act having not been effected from the petitioner or any of his companions, the crime registered against him will not sustain. According to him, crime in question was registered only to insult him before the public and thereby to harass him. Accordingly the crime and the proceedings initiated pursuant to that are sought to be quashed. 4. The learned Public Prosecutor was directed to obtain a statement on the sustainability of the crime on the basis of the allegations of the prosecution. A statement was filed and it is revealed therefrom that on the basis of the confession statement recorded from an accused by the investigating officer in Crime No.1962/2021 and forwarded through proper channel to the police station at Infopark, Crime No.1418/2021 was registered for offences punishable under Sections 27B and 8(c) of NDPS Act against the petitioner and others. It is also stated in the report that as part of the investigation in some other crime the Inspector of Metro Police Station, Kochi City examined the mobile phone of one of the accused Mr.Syju M Thankachan. Photographs of seven persons consuming Psychotropic Substances in Vista Flat No.844 of Edachirakara, Kakkanad were found. The mobile phone and the photographs were seized by the investigating officer and produced before Judicial First Class Magistrate Court-IX at Ernakulam. 5. Photographs of seven persons consuming Psychotropic Substances in Vista Flat No.844 of Edachirakara, Kakkanad were found. The mobile phone and the photographs were seized by the investigating officer and produced before Judicial First Class Magistrate Court-IX at Ernakulam. 5. According to the investigating officer, pursuant to registration of crime he visited Vista Flat No.844 and prepared a scene mahazar. The possession certificate of Flat No. 844 was also obtained from Thrikkakara Municipality. His investigation revealed to him that the ownership of the Flat was retained by the petitioner and he is absconding. The petitioner was arrested on 26.01.2022. Other accused were also arrested. Confession Statements have been recorded from the arrested ones. The 2nd accused Syju M Thankachan is involved in several other crimes, particulars of which are furnished alongwith. The report of the investigating officer has concluded by stating that the investigation in the case is progressing and sufficient circumstantial evidence have already been collected against the accused in the investigation already held. It is further reported that the mobile phone of Mr.Syju M Thankachan and videos contained in it are sufficient and satisfactory to substantiate the allegations against the petitioner in the crime. 6. The report furnished by the learned Public Prosecutor, reveals to this Court that the investigation is at it’s verge of conclusion. The scene mahazar was found prepared by the investigating officer after visit of Flat No.844 at Kakkanad. Incriminating materials attracting Commission of any of the offences coming within the purview of NDPS Act were not found in the search and seized therefrom. The allegation was that the petitioner herein and other accused were in possession of and consumption of psychotropic substances in Vista Flat No.844 of Edachirakara, Kakkanad. Since remnant contraband substance allegedly possessed and consumed by the petitioner was not recovered from Flat No.844 at Edachirakara, Kakkanad on a visit of the investigating officer there and search of it, concrete evidence to base the allegations raised against the petitioner by the Investigating Officer was missing. The investigating officer has reported that circumstantial evidence alone is collected by him. Circumstantial evidence is not sufficient to prove the allegations of the prosecution. The investigating officer has reported that circumstantial evidence alone is collected by him. Circumstantial evidence is not sufficient to prove the allegations of the prosecution. NDPS Act was enacted by Parliament in 1985, the 36th year of the Republic of India and the object sought to be achieved is : “An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.” The Act in its various provisions has defined the offences attracted and also the punishment liable to be imposed on the allegations being established beyond reasonable doubt. The Act being enacted with a view to curb the menace of drug trafficking, stringent punishments are provided for violations of it’s provisions. Strict adherence to several procedural formalities are also demanded from the officers responsible for the detection of any offence within its purview and search and seizure of the contraband. The Parliament while enacting the Act, had in mind the intention to balance among the obligations of the State to protect its citizens from interference with their life and personal liberty enshrined under Article 21 of the Constitution of India by unwanted and baseless prosecutions, which are likely to be originated from bias or ill will of the officers empowered and responsible under the NDPS Act and the interest of the society which would also be prejudiced by such individual acts. Even the benefit of presumption under Section 54 NDPS Act could be availed by the prosecution in offences coming within it’s purview only when it succeeds in establishing the element of possession of the contraband material by the accused beyond reasonable doubt. Therefore through circumstantial evidence collected by the prosecution, the trial proposed against the petitioner for the offences will not succeed. 7. In the case on hand, even if investigation is allowed to be proceeded with further, seizure of contraband having not been effected either during personal search of the petitioner or search of the Flat where he resides, the prosecution would only be a waste exercise. 7. In the case on hand, even if investigation is allowed to be proceeded with further, seizure of contraband having not been effected either during personal search of the petitioner or search of the Flat where he resides, the prosecution would only be a waste exercise. The crux of the allegation of the prosecution being that the petitioner alongwith others had consumed some psychotropic substance at Vista Flat No.844 of Edachirakara, Kakkanad, seizure and analysis of the kind of substances consumed by them either from the person of any of them or the Flat where the petitioner resides is very crucial in the prosecution on hand. Even if the investigation is let to proceed, it would only be a futile exercise. In the result, Crl.M.C. is allowed and Crime No.1418/2021 of Infopark Police Station, Ernakulam City and further proceedings if any initiated pursuant thereto as against the petitioner are quashed forthwith.