Kerala High Court suggests enhancing penalties for false NDPS cases

The Kerala High Court on Monday observed that the punishment prescribed for levelling false allegations of drug possession under the stringent Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) is disproportionately lenient [MN Narayana Das v State of Kerala]..Justice PV Kunhikrishnan made the observation while refusing to grant anticipatory bail to one MN Narayana Das, who stands accused of falsely implicating a beauty parlour owner, Sheela Sunny in a fake drug case that led to her wrongful imprisonment for 72 days. The Court observed that such false accusations could ruin lives and that those who make such accusations must be held accountable. "The worst thing about false accusations is that they can be so easily made and are so hard to disprove. Mark Twain, an American writer, once observed that 'a lie can travel halfway around the world, while the truth is still putting on its shoes'", the judge noted. Such cases should be investigated and proceed to trial on priority, he opined. Those who fell victim to such false accusations must also be awarded the maximum compensation possible, the Court added. .False accusations can ruin life, and those who make them must be held accountable.Kerala High Court.The Court went on to note that the punishment under Section 58(2) of the NDPS Act for levelling false accusations is disproportionately lenient.It observed that the punishment for levelling false accusations was a maximum prison sentence of two years. On the other hand, Sunny had earlier faced a potential prison sentence of 10-20 years of imprisonment after she was falsely accused of possessing a commercial quantity of illegal drugs.The Court suggested that Parliament should examine whether the punishment for levelling such false allegations should be enhanced. "False accusations are the most malignant and venomous of all calumnies. Hence, sentences to be imposed by a court of law in such cases should be fair, proportionate and just. The punishment should fit the crime and the sentence should reflect the severity of the offence. If there is any inadequacy in the sentence in these type of cases, the Parliament should think seriously about the same. Registry will forward a copy of this order to the Union of India to do the needful in accordance with law," the Court said. .By way of background, Narayana Das has been alleged to have provided a false tip-off to the authorities, accusing Sheela Sunny of possessing drugs banned under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Das' tip off led the authorities to arrest Sunny on February 27, 2023, on charges of possessing 12 LSD (Lysergic acid diethylamide) stamps, after the Excise department seized some stamps from her scooter.However, a chemical analysis revealed that the stamps were not LSD, and Sunny was eventually acquitted of all charges. An investigation later revealed that Das held a personal grudge against Sunny, which allegedly led him to falsely report her to the authorities, leading to her wrongful arrest and imprisonment for 72 days.A case was, therefore, registered under the NDPS Act against Das for allegedly orchestrating such false accusations.Fearing that he might get arrested, Das moved an anticipatory bail plea before the High Court..Senior Advocate P Vijayabhanu, representing Das, argued that the alleged offence was bailable, carrying a maximum sentence of two years in prison. Thus Das could be released on bail, the senior counsel urged. He added that there was a delay in the chemical analysis of the LSD stamps, suggesting the substance might have evaporated.Senior Public Prosecutor CK Suresh opposed the Das' plea, stating that he had actively participated in the conspiracy to falsely implicate Sheela Sunny. A custodial interrogation was necessary to unravel the conspiracy, the State's counsel maintained. After considering the rival contentions, the Court rejected Das' anticipatory bail plea."A poor lady is implicated in an NDPS Case because of some enmity and she continued in jail after registration of the case for about 72 days. Who will compensate her for this?" the Court remarked..The Court ordered Das to surrender before the police within seven days.It also directed the State Police Chief to complete the investigation within three months and instructed the trial court to dispose of the case within four months, if charges are filed..Narayana Das was represented by represented by Senior Counsel P Vijayabhanu, assisted by Advocates PM Rafiq, Sruthy N Bhat, Ajeesh K Sasi, M Revikrishnan, Nikita J Mendez, Rahul Sunil, Sruthy KK, Nanditha S, Sohail Ahammed Harris PP.Senior Public Prosecutor CK Suresh appeared for the State..[Read Order]