IBNU SHIJIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Can an investigating officer's olfaction be the sole basis for the prosecution of an accused alleging consumption of a narcotic drug? The aforesaid question arises for consideration in this petition to quash the criminal proceedings initiated against the petitioner.

(2.) Petitioner is the accused in C.C.No.43 of 2023, on the files of the Judicial First Class Magistrate's Court-III, Palakkad, alleging the commission of an offence under Sec. 27(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act').

(3.) Prosecution alleged that on 3/1/2023, the accused was found smoking a cigarette while seated on a rock, beside the Malampuzha Dam and when the complainant went towards him, he threw the cigarette into the dam. However, since the complainant smelt ganja from the breath of the accused, the crime was registered alleging offence under Sec. 27(b) of the NDPS Act. After investigation, the final report was filed alleging that the accused consumed ganja as the Investigating Officer identified its smell from breath and speech of the accused, thereby committing the offence alleged.