KOCHI: Kerala High Court has observed that if a person is permitted to be prosecuted on the mere basis of smell from his breath, it can lead to anomalous situations where the investigating officers would be able to arraign any person as an accused in an offence under Narcotic Drugs and Psychotropic Substance (NDPS) Act. “Sensory perception of human beings is not standardised or constant. Therefore that ability cannot be a substitute for proof,” said the court.
The court issued the order while dismissing a petition filed by Ibnu Shijil of Palakkad seeking to quash the criminal case registered under the NDPS Act.
The Palakkad police said Ibnu was found smoking a cigarette while seated on a rock, beside the Malampuzha dam on January 3, 2023. When the police approached him, he threw the cigarette into the dam. However, since the police smelt ganja from the breath of the accused, a crime was registered alleging an offence under the NDPS Act.
After probe, a final report was filed alleging that the accused consumed ganja as the investigating officer identified its smell from the breath and speech of the accused.
SECURITY LAPSE ALLEGATION: HC TAKES CASE SUO MOTU
Kochi: The Kerala High Court has suo motu initiated a case based on a letter by Guruvayur resident Bijesh Kumar M alleging security lapses at the Sree Krishna temple. He has also sought the court’s intervention to frame a master plan for land acquisition on the temple premises in connection with security affairs. The court impleaded assistant commissioner of police, Guruvayur, to be an additional respondent in the matter. A Division Bench comprising Anil K Narendran and P G Ajithkumar also sought the stand of the Guruvayur devaswom managing committee in the case.