Kerala High Court Quashes FIR Against Beauty Parlour Owner In Fake Drugs Case

The Kerala High Court on Wednesday quashed the FIR against Sheela Sunny, the owner of a beauty parlour in Chalakudy, who had been accused of possessing 0.106 grams of the drug LSD stamp. Sunny had sought the case to be quashed on the ground that the case was false and that the chemical analysis report was negative and no LSD had been detected in the stamp. 

Justice Kauser Edappagath passed the Order. 

The petitioner accused, who was alleged of offences under Sections 60(3) ('Liability of illicit drugs, substances, plants, articles and conveyances to confiscation'), 8(c) ('Prohibition of certain operations'), and 22(c) ('Punishment for contravention in relation to Psychotropic substances') of the Narcotic Drugs and Psychotropic Substances Act, 1985, averred that the allegations against her were fabricated. It was averred that there had not been any proper investigation or enquiry by the investigating officer before her arrest. 

The petitioner claimed that the contraband article might have been inserted in her bag which was lying in the storage box of her scooter that does not have any lock, by some other person. It was added that no other such articles had been recovered either from the petitioner or from her beauty parlour. 

The petitioner submitted that when she had filed another writ petition for conducting the investigation in the matter by a special agency, it was transferred to the Deputy Superintendent of Police, and the petitioner was also released on bail after 72 days of illegal confinement. 

The petitioner averred that in the meanwhile, the contraband article was sent for chemical analysis, pursuant to which the Chemical Examiners Laboratory Department issued a certificate stating that LSD had not been detected from the stamp/contraband article. 

The petitioner claimed that she had been unnecessarily victimized and was subjected to harassment from the public, relatives and her neighbours, and had been compelled to live in isolation. 

The plea was moved through Advocates E.D. George, Niffin P. Kareem and Brisone T. Mathew. 

Case Title: Sheela Sunny v. State of Kerala & Anr. 

Citation: 2023 LiveLaw (Ker) 310