Kerala High Court denies bail to man booked for buying cocaine via mobile apps using cryptocurrency

The Kerala High Court recently cautioned that the purpose behind the stringent provisions of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) would get defeated if efforts are not made to stop the use of advanced technology to procure and traffic drugs. [Vijay Philip v Narcotic Control Bureau]..Justice Ziyad Rahman AA made the observation while dealing with a bail plea in a case where a man allegedly procured cocaine and MDMA through the dark net, by placing an order on the "Wickr Me" app and making cryptocurrency payments through the "Binance" app..The High Court ultimately denied bail to the accused man, one Vijay Philip (petitioner), whose name and contact details were mentioned on the parcel containing the drugs. Pertinently, the Court took serious note of how the accused was allegedly able to procure the drugs discreetly with the use of mobile applications. The judge found that the accused was apparently able to use modern technological advancements to ensure that his transactions remained untraced. "The dependence of the petitioner upon the Apps that enabled him to have transactions without any trace and silence maintained by him as to the purposes of such transactions is one of the crucial circumstances ... it can be seen that new methods are seen devised as an attempt to defeat the process of law by making use of advanced technology, and if such attempts are not nipped in the bud, the purpose behind the stringent provisions of the NDPS Act, would get defeated," the Court said. .While denying bail, the judge also observed that drug-related offences are dealt with more stringently that even the offence of murder because they impact the society as a whole.“In the case of murder, the impact is mostly confined to an individual or his family; whereas the impact of drug abuse and drug trafficking mainly affects the young generation, thereby causing its impact on the growth of the country as such,” the High Court explained..As per the prosecution case, on November 30, 2022, an Intelligence Officer received information that a suspicious parcel labeled LEGO TOYS was sent to Philip’s address from a foreign country.On examination of the contents of the said parcel, it was revealed that it contained 51.32 gms of MDMA and 7.23 gms of cocaine.Thereafter, Philip was called to collect the parcel and when he arrived, the intelligence officer questioned him and eventually arrested him.Philip is said to have admitted that he placed an order for the contraband through the dark net. He is further alleged to have stated that he had placed the order for the drugs through the Wickr Me App, which is a facility to carry out transactions while maintaining anonymity.The payment for the drugs was made through cryptocurrency via the Binance cryptocurrency trading App, using Monero (XMR) currency, the prosecution further claimed. .The High Court opined that there was sufficient material to indicate the involvement of Philip including snapshots and information collected from Philip’s phone.Therefore, the High Court proceeded to dismiss his bail plea. .The petitioner was represented by advocates Salim VS, AM Fousi and AB Ajin.The Narcotic Control Bureau was represented by advocate Navaneet N Nath..[Read Order]