Enacting Movie Scene Doesn't Mean Actors Actually Consumed MDMA: Kerala High Court Quashes NDPS Case Against Makers Of 'Nalla Samayam'

The Kerala High Court recently quashed the criminal proceedings that had been initiated against the Director and Producer of the Malayalam movie 'Nalla Samayam' on the allegation that trailer of the movie depicted a scene wherein one of the characters lauded MDMA to give energy and happiness to users. 

Justice V.G. Arun observed that Section 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) which stipulates punishment for consumption of narcotic drug or psychotropic substance would not apply, since mere enactment of scenes in a movie could not lead to the assumption that the actors had actually done what they had enacted.

"I am certain that Section 27 will not apply, since enactment of scenes in a movie cannot lead to the assumption that the actors had actually done what they had enacted. If that reasoning is adopted, actors in villainous roles stand the risk of being tried and convicted for murder, arson and rape," the Court observed. 

When the trailer of the movie was published on the official Facebook page of the Director, a complaint was filed at the Excise Range Office, Kozhikode alleging that one of the characters in the trailer claimed MDMA to be a substance that gives energy and happiness to the user. The complaint alleged that by including such scenes and statements in the movie, a wrong message was being given to society, thereby acting against the anti-drug movement of the Government. Accordingly, a crime was registered against the petitioners under Sections 27 and 29 of the NDPS Act. The present petition thus sought to quash the same. 

The Court in this case further noted that Section 29 which provides the punishment for abetment and conspiracy would also not apply in this case since the accused ought to have either abetted or conspired to commit an offence punishable under the Act. The Court noted that no question of abetment or conspiracy would arise in this case since Section 27 itself was not applicable. 

"The above discussion leads me to the definite conclusion that the ingredients for attracting the offences under Sections 27 and 29 of NDPS Act are not made out, even if the prosecution allegations are accepted in toto. Being so, further proceedings in the crime registered against the petitioners would amount to an abuse of process," the Court held while quashing the proceedings. 

The petitioners were represented by Advocates Nidhi Balachandran and Vijaykrishnan S. Menon. The Public Prosecutor and Advocate M.C. Ashi appeared on behalf of the respondents. 

Case Title: Omar Abdul Vahab & Anr. v. State of Kerala & Anr. 

Citation: 2023 LiveLaw (Ker) 151 

Click Here To Read/Download The Order