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2025 Supreme(Ker) 87
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J.
M.N. Narayana Das S/o. P.G. Narayana Menon - Appellant
Versus
State of Kerala - Respondent
BAIL APPL. NO. 4623 OF 2024
Decided On : 27-01-2025
FOR THE APPELLANT : BY ADVS. P.VIJAYABHANU, SR. SRUTHY N. BHAT P.M.RAFIQ AJEESH K.SASI M.REVIKRISHNAN NIKITA J. MENDEZ RAHUL SUNIL SRUTHY K.K NANDITHA S. SOHAIL AHAMMED HARRIS P.P.
FOR THE RESPONDENT: BY ADVS. C.K.SURESH, SR.PUBLIC PROSECUTOR
IMPORTANT POINT
False accusations under the NDPS Act warrant serious legal consequences, and accountability must be ensured to maintain public trust in the justice system.
Headnote:
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 28 and 58(2) - False accusations leading to wrongful imprisonment - The accused must be held accountable for false implications, with the court emphasizing the need for swift investigation and trial - The court highlighted the disproportionality in sentencing for false accusations versus actual offences under the NDPS Act - The petitioner's bail application was dismissed due to serious allegations of conspiracy and false implication. (Paras 1 , 10 , 11 , 18 )
(B) Bail - Anticipatory bail application - The court ruled that the petitioner is not entitled to anticipatory bail due to the serious nature of the allegations and the ongoing investigation. (Paras 16 , 18 )
Facts of the case: The petitioner falsely implicated Sheela Sunny in NDPS offences, leading to her wrongful imprisonment for 72 days. The investigation revealed that the petitioner had a motive linked to personal disputes.
Findings of Court: The court found that the allegations against the petitioner were serious and warranted further investigation, thus denying bail. Issues: The main issues included the proportionality of sentencing for false accusations and the necessity of custodial interrogation for the petitioner. Ratio Decidendi: The court emphasized that false accusations can have severe consequences and that the punishment for such actions must reflect the gravity of the offence.
Result: Bail application dismissed.
ORDER
False accusations can ruin life, and those who make them must be held accountable. The consequences of false implications can be devastating to the victims in such cases. Therefore the accused in such cases should be caught immediately for investigation, if necessary, and they should be produced before the court of law for trial expeditiously, if materials are there against them to face trial. The court concerned should take such cases out of turn, and if the accused is found guilty after trial, in addition to substantive sentences as prescribed which is to be imposed on the accused, the maximum compensation possible also should be ordered to be paid by the accused to victims in accordance with law. Such a clear message should go to the society to strengthen the faith in the system.
2. The prosecution case herein is that, based on the false information of the petitioner herein, a case happened to be registered against one Sheela Sunny alleging offences punishable under Sections 8(c), 22(c) and 60(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’). She was in jail for about 72 days because of these false accusations.
3. The prosecution case in brief is like this:- On 27.02.2023, the Excise Inspector, K.Satheeshan attached to Iringalakkuda Excise Circle Office, received secret information regarding the Commission of the NDPS offences. Accordingly, the Officer with his party proceeded to the place mentioned in the secret information. When the Excise party reached the place of occurrence, they found a scooter bearing registration No. KL-64-F-1949 and one lady near the scooter. They saw that the lady was opening the seat and taking a bag. The Excise Party intercepted the lady and informed her about the identity of the Excise Officers and their intention to search that lady and the scooter. On search of the scooter, a bag containing 0.160 grams of LSD stamps (12 in number) was seized. The lady near the scooter was Sheela Sunny and she was arrested and produced before the Jurisdictional Court. She was remanded to Judicial custody. Thereafter, the investigation was entrusted to the Excise Crime Branch. When the investigation progressed, as per the report of the Chemical Examiner dated 12.05.2023, it was reported that the so-called contraband article seized did not contain Lysergic acid diethylamide(LSD). In view of the above, the original accused namely Sheela Sunny was deleted from the party array of accused. Her case was quashed by this Court invoking the powers under Section 482 of the Criminal Procedure Code (Cr.P.C).
4. It is the further case of the prosecution that the secret information was given to the detecting Officer by the petitioner. When the investigation progressed it was revealed that the petitioner herein falsely informed the detecting Officer that Sheela Sunny was keeping the contraband article in her scooter. After a detailed investigation pertaining to the call details of the petitioner/informant, according to the prosecution, it was revealed that he was near the place of occurrence as on the date and time of occurrence. It is also alleged that there was some dispute between Sheela Sunny and her daughter-in-law. The petitioner is the close friend of the sister of the daughter-in-law of Sheela Sunny. It is also the prosecution case that, the sister of the daughter-in- law used the scooter of Sheela Sunny on the previous day and the contraband was concealed in the scooter by her and the information about the same was conveyed to the petitioner and the petitioner thereafter conveyed the same to the Investigating Officer. Therefore, it is alleged that the petitioner committed an offence under Section 58(2) of the NDPS Act. It is also alleged that the petitioner is liable for the offence under Section 28 of the NDPS Act. The petitioner apprehends arrest in the above case.
Hence this bail application.
5. Heard Senio
