Kerala HC- Smell Alone of Ganja Solely Is Not Sufficient Evidence To Accuse.
Last Updated on August 20, 2024 by NewsDesk SLC
Justice Bechu Kurian Thomas highlighted the potential misuse of the NDPS act. Continuously, Kerala HC recently dismissed criminal proceedings started against a man accused under the Narcotic Drugs and Psychotropic Substances Act ( NDPS Act),
On Jan 3, 2023, accused Ibnu Shijil alleged under Section 27(b) of the NDPS Act that the cigarette contained Ganja(marijuana), only through the smell detected from the accused breath and his manner of speaking. As criminal proceedings started against him,
The accused approached the Kerala HC to quash the case and his counsel argued that the police seized neither the cigarette nor any narcotic substance, and not even a forensic examination was conducted. He contended that only based on the investigating officer’s sense of smell wasn’t sufficient to prove the consumption of a narcotic drug.
The PP argued that oral evidence was sufficient in criminal cases and prosecution was present as such as evidence. He also added that medical evidence could be counted to support the case.
The bench stated in their order, that based on the smell from a person’s breath cannot be determined as evidence, Only suspicion is not enough to prosecute him. Held that sensory perception, only smell is not sufficient evidence to prosecute someone for drug consumption.
The judge added that olfactory abilities can trigger most senses. The odourant receptor genes of humans play a vital role in our sense of smell and the ability of the said gene is subjective, reliance upon such an identification can’t be conclusive. Sensory perception of human beings is not standardized and cannot substitute for proof as the ability.
Therefore, the court quashed proceedings against the accused and stated the prosecuting accused on the base of smell alone it’s an abuse of legal procedure.
Case Law: Ibnu Shijil V. State Of Kerala
Written By: Kirti Sharma
