Without Forensic Test Of Beedi, Cannot Say It Had Ganja: Kerala HC Quashes NDPS Case

The Kerala High Court quashed criminal proceedings against a man who was allegedly found smoking a cannabis-filled beedi, after the prosecution admitted that it was not forensically tested.

The High Court was hearing a Criminal Miscellaneous Case against his prosecution under Section 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The prosecution alleged that he was found smoking a beedi filled with ganja, and had therefore committed an offence punishable under Section 27(b) of the NDPS Act.

The Bench of Justice Bechu Kurian Thomas said, “In the absence of any forensic examination of the beedi, the prosecution against the petitioner for the offence under Section 27(b) of the Act, is without any legal basis” .

Advocate Navaneeth N. Nath appeared for the petitioner and Public Prosecutor Noushad K.A. for the State of Kerala.

The High Court had previously observed in Ibnu Shijil v. State of Kerala (2024) and Anurag Shaji v. State of Kerala (2023) that olfactory abilities of a person can only trigger suspicion and identifying the nature of the contraband on the basis of smell cannot be a piece of acceptable evidence to justify a criminal prosecution.

Prosecution of a person cannot be permitted to continue, the Court had said in those cases, in the absence of any forensic examination or a report from the expert regarding the nature of the contraband.

A similar situation had arisen in the present case as the beedi that was allegedly being smoked by the accused was not subjected to any forensic examination.

Section 27(b) of the NDPS Act lays down the punishment for offences committed under Section 8A of the NDPS Act, under which it is an offence to conceal or disguise the true nature, source, location, disposition of any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of any other country, among other things.

The High Court quashed the proceedings pending before the Court of Judicial First Class Magistrate Court, Malappuram.

Cause Title: Hamjith v. State of Kerala [Crl. MC 2114 OF 2024]

Appearance:

Petitioner: Advocates Navaneeth N. Nath, Gautam Krishna E.J., K.S. Stejo and Abhirami S.

Respondent: Public Prosecutor Noushad K.A.

Click here to read/download the Order