A Person Cannot Be Prosecuted For Consumption Of Narcotic Drug On The Basis Of Smell Of His Breath: Kerala High Court

The Kerala High Court ruled that the mere smell of ganja (cannabis) is insufficient grounds for invoking the Narcotic Drugs and Psychotropic Substances (NDPS) Act without further corroborative evidence. The court emphasized that suspicion alone does not justify arrest or legal action under the NDPS Act. This decision underscores the need for substantive evidence before prosecuting individuals under stringent anti-drug laws, thereby preventing misuse of the law based on presumptions or inadequate evidence.