The Kerala High Court has sounded the alarm over the consequences of false accusations under the Narcotic Drugs and Psychotropic Substances Act (NDPS), calling for stricter penalties for such offenses. This comes in the wake of the Court rejecting the anticipatory bail plea of MN Narayana Das, who is accused of falsely implicating beauty parlor owner Sheela Sunny in a fabricated drug case that led to her wrongful imprisonment for 72 days.
Justice PV Kunhikrishnan, presiding over the case, highlighted the devastating impact of baseless allegations, emphasizing their ease of fabrication and the challenges victims face in disproving them. Quoting Mark Twain, the judge remarked, “A lie can travel halfway around the world while the truth is still putting on its shoes.”
The Court expressed concern over the lenient penalties prescribed under Section 58(2) of the NDPS Act, which caps punishment for false accusations at a maximum of two years in prison. In contrast, Sunny had faced the prospect of a decade or more behind bars due to the baseless charges. Urging Parliament to reassess the penalties, the Court noted, “Sentences should be fair, proportionate, and reflective of the severity of the offense.”
Das allegedly fabricated a tip-off, accusing Sunny of possessing banned LSD stamps. Acting on this, authorities arrested her in February 2023 and seized what was initially believed to be a commercial quantity of drugs. A subsequent chemical analysis debunked the claim, revealing the substances were not LSD, leading to her acquittal. Investigations later unveiled that Das bore a personal grudge against Sunny, which fueled his actions.
In court, Das’ legal team contended that the offense was bailable and questioned the delay in chemical analysis, suggesting the substance might have evaporated. The prosecution, however, argued that Das’ actions were deliberate, requiring custodial interrogation to uncover the conspiracy’s full extent.
Rejecting Das’ plea, the Court criticized the irreparable damage caused to Sunny, stating, “A poor lady was jailed for 72 days over a false accusation. Who will compensate her for this?” The Court ordered Das to surrender within a week, instructed the police to conclude their investigation in three months, and urged the trial court to expedite proceedings.
The case serves as a stark reminder of the far-reaching harm caused by malicious accusations, underscoring the need for justice that not only punishes the guilty but also shields the innocent from unwarranted suffering.
