Legal Question in Criminal Law in India

This is regarding a mishap that occurred in my school. My room-mate has been framed for possession of drugs, which were found by the Headmaster in an envelope , under a poster on his study desk's bulletin board. The room was empty for half an hour on that day, and anybody could have framed him and put it there. We do not know who it is, but I am convinced that it was not my room-mate. The authorities have said that if the person who has put it there is not found, my room mate will be expelled. Is this judicially fair, or viable? Also, what can be his case for defence?


Asked on 10/28/14, 8:37 pm

1 Answer from Attorneys
Rohan Nahar Nahar and associates

I am presuming that you are in college? If so, your headmaster ought to have called the police to begin with to verify that the contents of the envelope are truly Drugs and then the law would have taken its course. If the management has not informed the police, then you should and also make a statement that it does not belong to you nor have you kept it where it was found. There is also a legal concept of Conscious possession to nail a parson for holding/possessing drugs prohibited by law. The authorities cannot expel your friend without proof that it was a drug to begin with.

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Answered on 10/29/14, 2:18 am


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