ORDER : 1. This bail application has been filed by the accused petitioner under section 439 CrPC in connection with FIR No. 0142/2023 registered at Police Station Modak, District Kota Rural for the offences punishable under Sections 8/15, 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act of 1985’) and sections 420 and 465 IPC. 2. Facts of the case in nutshell are that on 11.07.2023 complainant Mr. Rajendra Prasad, SHO, Police Station Modak along-with his team reached at NH-52 for regular patrolling. At that time around 02:00 AM, one Swift VDI Car bearing No. RJ-27- CE- 5256 and one another Creta Car bearing No. RJ-27-CH-6331 seen coming towards Jhalawar and on seeing the police team they tried to flee. The police team intercepted both the cars and search was conducted in which 05 sacks were recovered from the Creta Car containing 02 Quintal and 02 kg. Doda Chura. When the seized Creta Car was checked from its Engine number then the original number of said was found to be RJ-45-CF-2792. Thus, by affixing another number plate on the vehicle, the petitioner has committed the offence of cheating. 3. Counsel appearing for the accused petitioner submitted that the accused petitioner deserves to be released on bail on the count that the prosecution has not enclosed the FSL report along-with the charge-sheet filed in the matter. Counsel further submitted that it is the FSL report only which may determine the fact whether material / substance recovered from the possession of the petitioner is Narcotic Drug/ Psychotropic Substance. Counsel further submitted that the petitioner is behind the bars since 11.07.2023. Counsel further submitted that the provisions of Section 37 of the Act of 1985 are not applicable in the facts and circumstances of the present case. Counsel for the accused petitioner submitted that provisions of sections 42, 50, 55 and 57 of the Act of 1985 have not been complied with. Therefore, the accused petitioner may be released on bail. 4. Learned Public Prosecutor appearing for the State has vehemently opposed the bail application and submitted that from the possession of accused petitioner 2 quintal and 2 kg. Doda Chura has been recovered, which is a very huge quantity. Learned Public Prosecutor further submitted that non-filing of the FSL Report along-with the charge-sheet does not create any right of the accused petitioner for enlarging him on bail. Doda Chura has been recovered, which is a very huge quantity. Learned Public Prosecutor further submitted that non-filing of the FSL Report along-with the charge-sheet does not create any right of the accused petitioner for enlarging him on bail. Learned Public Prosecutor further submitted that the provision of section 37 of the Act of 1985 clearly speaks that no person accused of an offence punishable for the offences involving commercial quantity may not be released on bail because at this stage it cannot be said that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. 5. In support of his submissions counsel appearing for the accused petitioner has placed reliance upon the order dated 04.12.2023 passed by the Hon’ble Apex Court in the case of Pankaj Gupta Vs. Narcotics Control Bureau, Petitions for Special Leave to Appeal (Crl.) No. 12200/2023 as also the order dated 13.12.2021 passed in Mohd. Arbaz & Ors. Vs. State of NCT of Delhi, Petition for Special Leave to Appeal (Crl.) No. 8164-8166/2021. 6. Considered the submissions made by the learned counsel appearing for the accused petitioner as well as learned Public Prosecutor and also perused the challan papers. 7. Having gone through the orders, referred to above by the counsel for the accused petitioner, this Court finds that in those matters the accused petitioners therein were ordered to be released on bail having considered the fact that they have been in long incarceration but in the present case the custody of the accused petitioner is just only about one year. 8. It is a fact on record that Narcotic Drug ‘Doda Chura’ weighing 02 quintal and 2 kg. has been recovered from the possession of the accused petitioner and the quantity of such substance is more than the commercial quantity as notified by the Government. 9. The provision of section 173(2) CrPC does not mandate that the police report must enclose with the documents purporting to be a report under the hand of a Government scientific expert. 10. The Hon’ble Apex Court in the case of Hanif Ansari Vs. State (Govt. of NCT of Delhi), 2014 SCC Online SC 537, has observed as under: “11. 9. The provision of section 173(2) CrPC does not mandate that the police report must enclose with the documents purporting to be a report under the hand of a Government scientific expert. 10. The Hon’ble Apex Court in the case of Hanif Ansari Vs. State (Govt. of NCT of Delhi), 2014 SCC Online SC 537, has observed as under: “11. A Coordinate Bench of this Court in Suleman v. The State (NCT of Delhi), 2022 SCC Online Del 2346, has held that non filing of the FSL Report with the chargesheet would not entitle the accused to grant of statutory bail. Relevant observations are set out below: “14. At present, the settled law persists in the view that non filing of FSL Report with the charge sheet does not fall within the realms of Section 173(2) of the Cr.P.C so as to consider it as “incomplete report.” In the present case although FSL Report has not been filed, however, the charge sheet was already filed on 03.03.2021 within the time period as per law. Further, the amount of quantity recovered from the accused is of commercial nature baring the accused from bail under Section 37 of the NDPS Act.” 12. The aforesaid judgments were followed by another Coordinate Bench of this Court in Hashmat Mohammadi (supra), in which the grant of statutory bail was rejected by the Coordinate Bench despite non-filling of the FSL Report with the chargesheet.” 4. In the special leave petition filed by said Mohd. Arbaz [SLP (crl.) Nos .8164-8166/2021], interim bail was granted to the petitioner therein. A Co-ordinate Bench of this Court in the case, Central Bureau of Investigation vs. Kapil Wadhawan and Anr. 2024 INSC 58 dealt with the question of an incomplete chargesheet and its impact on the bail plea of an accused. It has been held and observed in this judgment: “23. The benefit of proviso appended to sub-section (2) of Section 167 of the Code would be available to the offender only when a chargesheet is not filed and the investigation is kept pending against him. Once however, a chargesheet is filed, the said right ceases. It may be noted that the right of the investigating officer to pray for further investigation in terms of sub-section (8) of Section 173 is not taken away only because a chargesheet is filed under sub-section (2) thereof against the accused. Once however, a chargesheet is filed, the said right ceases. It may be noted that the right of the investigating officer to pray for further investigation in terms of sub-section (8) of Section 173 is not taken away only because a chargesheet is filed under sub-section (2) thereof against the accused. Though ordinarily all documents relied upon by the prosecution should accompany the chargesheet, nonetheless for some reasons, if all the documents are not filed along with the chargesheet, that reason by itself would not invalidate or vitiate the chargesheet. It is also well settled that the court takes cognizance of the offence and not the offender. Once from the material produced along with the chargesheet, the court is satisfied about the commission of an offence and takes cognizance of the offence allegedly committed by the accused, it is immaterial whether the further investigation in terms of Section 173(8) is pending or not. The pendency of the further investigation qua the other accused or for production of some documents not available at the time of filing of chargesheet would neither vitiate the chargesheet, nor would it entitle the accused to claim right to get default bail on the ground that the chargesheet was an incomplete chargesheet or that the chargesheet was not filed in terms of Section 173(2) of Cr.P.C.” 5. Learned counsel for the petitioner relied on certain orders passed by this Court in (i) SLP (Crl.) Nos. 8164-8166/2021 (Mohd. Arbaz & Ors. vs. State of NCT of Delhi) on 13.12.2021, (ii) SLP (Crl.) No. 12200/2023 (Pankaj Gupta vs. Narcotic Control Bureau) on 04.12.2023, (iii) SLP (Crl.) No. 11628/2022 (Divyas Bardewa vs. Narcotics Control Bureau) on 01.05.2023 and (iv) SLP (Crl.) No. 8610/2023 [Arif Khan vs. State (Govt. of NCT of Delhi)] on 28.07.2023. 6. The lead matter on this point is the case of Directorate of Enforcement Vs. Manpreet Singh Talwar [SLP (Crl.) No. 5724 of 2023], which is still pending before a three-Judge Bench of this Court. The case of Mohd. Arbaz (supra) stands tagged with this matter. There are other orders also passed by this Court tagging, where similar questions of law are involved. But interim bail has not been granted in every tagged petition. Manpreet Singh Talwar [SLP (Crl.) No. 5724 of 2023], which is still pending before a three-Judge Bench of this Court. The case of Mohd. Arbaz (supra) stands tagged with this matter. There are other orders also passed by this Court tagging, where similar questions of law are involved. But interim bail has not been granted in every tagged petition. It has been declined in the cases of Pabitra Narayan Pradhan vs. State (NCT) of Delhi [SLP (Crl.) Diary No. 43791 of 2023], Shankar @ Shiva Maheshwar Savai vs. State of Gujarat (order dated 03.03.2023 in SLP (Crl.) No. 2562/2023) but in none of these cases, it has been finally determined as to whether failure on the part of the prosecution to include the FSL report along with the chargesheet in relation to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 would automatically entitle the accused to default bail or not. Further, certain other factors like the quantity of the contraband articles being seized and period of incarceration were considered in the aforesaid orders while granting interim bail to the petitioners/applicants. 7. Learned counsel for the petitioner has not pressed for an interim bail at this stage but wants the point of law to be adjudicated. 8. In view of there being diversity of views of different Benches of this Court even on the question of granting interim bail, we are of the opinion that a larger Bench may decide the question as to whether failure on the part of the prosecution to include the FSL report pertaining to the seized contraband articles along with the chargesheet, within the time specified in Section 167(2) of the Code read with Section 36A of the NDPS Act, would entitle the accused to default bail or not.” 11. The provision of section 37 of the Act of 1985 clearly speaks that prima facie from whose possession contraband more than commercial quantity is found, is guilty of committing offence under the provisions of the Act of 1985. 12. Bare reading of provision of section 37 of the Act of 1985 speaks that it is for the accused to show that he is not guilty of such offence. 12. Bare reading of provision of section 37 of the Act of 1985 speaks that it is for the accused to show that he is not guilty of such offence. Normally, a person from whose possession some contraband more than the commercial quantity is found, cannot say that he is not guilty of an offence, but in exceptional circumstances when he could show that either he has been falsely implicated or he could show that he was authorized to possess the same, then it can be believed that he is not guilty of such an offence. In the present case, the counsel appearing for the petitioner has not raised any such argument which could convince the Court that there are reasonable grounds for believing that he is not guilty of such an offence. The only submission made by the counsel for the accused petitioner is in regard to non-compliance of provisions of section 52A of the Act of 1985. 13. This Court in the case of Shakti Gurjar Vs. State & Anr. (S.B. Criminal Misc. Bail Application No. 13814/2023) decided on 30.07.2024 after considering the law laid down by the Hon’ble Apex Court and various other Courts has observed in paras 27 to 31 as under: “27. This Court has to go by the provisions of statutory law because any order of the Court without considering the provisions of the law in force or contrary to the same is said to be per-incurrium and this Court would like to restrain itself from passing such order. 28. In the present case there is recovery of contraband weighing more than the commercial quantity as notified and also there are five other criminal cases pending against the petitioner. There are no reasons for satisfaction of this Court so as to believe that the accused petitioner is not guilty of offences under the provisions of the Act of 1985 and that he is not likely to commit any offence while on bail as he is already facing five other criminal cases. 29. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. The NCB reports that the main internal factor for drug trafficking in India is the illicit cultivation of opium, poppy and cannabis. Also, the diversion from licit opium sources to illegal opium production is a major concern. In the trends of 2020, Rajasthan is among the 3 major states, along with Uttar Pradesh and Madhya Pradesh, from where the opium is trafficked to other parts of the country. Young Indians addicted to drugs are spoiling their lives. Drug addiction is the worst kind of addiction and it causes numerous mental and physical ailments and such youth go often into depression. In order to cope up with stress and depression, they try to consume more drugs and keep spiraling around and are never able to leave this addiction. They lose their sense of control and become vulnerable and many of them commit suicide or get involved in different kinds of criminal activities. Drug abuse has a direct impact on social and economic aspect of the nation. The impact of drug is realized in workplace, family and the society. It results in violence at home and gang wars in cities, increase crimes and even stresses the public health system and we find young mass addicted to drugs which leads to unsafe life. Addiction not only breaks the family harmony but also puts high economic burden on the society. The economic impact due to Drug abuse is immeasurable. According to UNDCP report, the economic effects of drug abuse can be measured in two forms, i.e. cost of government drug enforcement policies and the lost human productivity such as lost wages and decreased production that results from illness and premature deaths related to drug abuse. There are many hidden costs relating to disturbance in social life, wastage of young energy. One can notice apparent rapid changes in societal alignment owing to the reduced family and community cohesiveness, increased unemployment and underemployment, economic and social marginalization and increased crime as a direct result of the problem of drug abuse. There are many hidden costs relating to disturbance in social life, wastage of young energy. One can notice apparent rapid changes in societal alignment owing to the reduced family and community cohesiveness, increased unemployment and underemployment, economic and social marginalization and increased crime as a direct result of the problem of drug abuse. Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony. Every society suffers due to even a single drug abuser. It affects the life style and also financial condition of the society concerned. It is a common practice in the rural areas for the farmers to leave their tools and machineries lying in the fields unsupervised. The drug addicts often end up resorting to the commission of offences like stealing of tools, equipments and machineries of the farmers of their safe and regular farming style. Thus, it develops a strong correlation between addiction and an increased risk of commission of offences. When drug problems in a community are perceived as serious, people must face unpleasant alternatives. The can accept the reality of drugs in their neighbourhood, adapting to a situation that they cannot hope to change immediately; they can change their lifestyle to reduce the threat of drug dealing and violence in their localities; they can change the environment by some form of community action either with or without the support of the police. Many of these alternatives are not available to persons living in poverty or with limited means. Thus, with fewer choices, the poor pay a greater personal price for drug problems than others. One aspect of this connection between drugs and crime is temporal causation; that is involvement in property crime generally precedes the addiction career. After addiction occurs, property crime increases and narcotic use is further increased. Drugs and crime cannot be considered separately, in isolation from each other, especially if they emerge from a common set of circumstances. It is a well accepted fact that drug use is a strong correlate of being booked for a criminal offence, but age is the more important correlate of criminal involvement and poverty an even more important predictor of property crime. 30. It can thus very precisely be concluded that what is alluring for one can be daunting for the others. It is a well accepted fact that drug use is a strong correlate of being booked for a criminal offence, but age is the more important correlate of criminal involvement and poverty an even more important predictor of property crime. 30. It can thus very precisely be concluded that what is alluring for one can be daunting for the others. The addicts are, therefore, an added burden to the law-abiding population. 31. Having considered the material available on the record in the form of charge-sheet and the pendency of five other criminal cases against the petitioner, in the opinion of this Court it cannot be said at this stage that the accused petitioner is not guilty of the offences involving commercial quantity of the contraband and that he is not likely to commit any offence while on bail.” 14. As regards the submissions made by the counsel for the accused petitioner that there is violation of provision of Section 52A of the Act of 1985, this Court after considering the various judgments has observed in the case of Shakti Gurjar (supra) in Para 16 as under: “16. Since no satisfaction of the Court has been recorded as required under section 37(b)(ii) of the Act of 1985, the aforesaid orders/judgments cannot be followed to grant relief to the petitioner. The judgments passed in the case of Boota Singh (supra), Raju Munim (supra) and Roy V.D. (surpa) are the cases where there is non-compliance of certain provisions of the Act of 1985 and the right of an accused was considered at the stage of the trial/appeal. The non-compliance of any of the provisions of the Act of 1985 can only be scrutinized only on the basis of the evidence to be led before the trial court i.e. the evidence of the material witnesses who are connected with the compliance of such provisions. Until and unless those witnesses who are connected with compliance of such provisions are got examined by the trial court only then it can be considered and scrutinized whether the compliance of any such provision has been made or not or if same has not been made then what were the reasons or causes which led to such non-compliance because some reasons or causes may be very material to be considered by the trial court or the appellate court.” 15. Having regard to the submissions made by the counsel for the accused petitioner and so also the learned Public Prosecutor and the law laid down by this Court in the case of Shakti Gurjar (supra), and also the material fact that there is a recovery of Narcotic Drugs and Psychotropic Substances more than the commercial quantity from the possession of the accused petitioner, at this stage it cannot be said that the petitioner is not guilty and therefore, in view of the provisions of section 37 of the Act of 1985, this Court is not inclined to enlarge the accused petitioner on bail. 16. Accordingly, the bail application filed by the accused petitioner under section 439 CrPC is dismissed. 17. In view of the submissions made by the counsel appearing for the accused petitioner regarding non-compliance of provisions of sections 42, 50, 55 and 57 of the Act of 1985, this Court deems just and proper to direct the trial court to expedite the trial and conclude the same as early as possible.