Kerala HC warns no leniency even for small quantities of drugs

If someone is repeatedly found with drugs or psychotropic substances, even in small amounts, they can be booked as a “goonda” under the law.
Kerala High Court
Kerala High Court(File Photo)
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KOCHI: In a significant ruling, the Kerala High Court has made it clear that even possession of small quantities of drugs cannot be taken lightly, especially if a person is caught more than once.

A five-judge bench of the court said an earlier view—that holding small quantities for personal use does not make someone a “drug offender” or “goonda”—is not correct. The court clarified that there is no need to prove that a person was selling drugs for them to be treated as a serious offender. If someone is repeatedly found with drugs or psychotropic substances, even in small amounts, they can be booked as a “goonda” under the law.

The court also flagged a growing misconception, particularly among youngsters, that carrying small quantities of drugs would only result in a fine and that they could easily get away with it. According to the bench, this attitude has contributed to the increasing spread of drug use in society.

Taking a strong stand, the judges stressed that drug offences must be dealt with a “zero tolerance” approach, meaning there should be no leniency, regardless of the quantity involved. At the same time, the court suggested that those caught—especially first-time offenders or repeat offenders—should undergo medical evaluation and rehabilitation wherever possible, as this could help prevent them from falling deeper into addiction.

The bench also highlighted the wider impact of drug abuse, noting that it affects not just individuals but entire families and society at large. Substance abuse can lead to emotional distress, financial strain, and breakdown of relationships within families. On a larger scale, it contributes to rising crime, public safety concerns, increased healthcare costs, and loss of productivity.

Further, the court pointed out that drug dependence can severely affect a person’s mental health and social functioning, sometimes leading to serious illness, disability, or even death. It warned that even the slightest acceptance of drug use—whether for personal use or in small quantities—can have dangerous and long-term consequences for society.

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