Police officer’s smell test for Ganja can't be sole basis of prosecution: Kerala High Court in NDPS case

The Kerala High Court ruled that the smell test alone is insufficient to prosecute individuals under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court emphasized the need for concrete evidence, such as the physical recovery of the substance, to justify prosecution. This decision highlights the importance of adhering to strict evidentiary standards in drug-related cases and cautions against reliance on subjective measures like smell to establish guilt. The ruling is a significant clarification on the standards required for lawful prosecution under the NDPS Act.