Accused granted bail in an intermediate-quantity NDPS case was arrested for possessing commercial quantity of MDMA in a later crime; the Special Court cancelled the earlier bail. The High Court found no reason to interfere, citing misuse of liberty and the object of the NDPS Act.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945
CRL.MC NO. 636 OF 2024
CRIME NO.526/2022 OF Thamarassery Police Station, Kozhikode
AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.474 OF 2023 OF SPECIAL
COURT (NDPS ACT CASES), VADAKARA
PETITIONER/1ST ACCUSED:
MOHAMMED MIDILAJ
AGED 28 YEARS
S/O ABOOBECKAR,PULKKUZHI VEEDU,
VAVAD(PO),KODUVALLY,KOZHIKODE, PIN - 673572
BY ADV M.DEVESH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI. NOUSHAD K.A. (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 636 OF 2024
2
BECHU KURIAN THOMAS, J.
Crl.M.C. No. 636 of 2024
Dated this the 1st day of March, 2024
ORDER
Petitioner is the 1st accused in Crime No.526 of 2022 of Thamarassery Police Station, Kozhikode. The offence alleged against him are under Section 22(b), 22(a) r/w Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for having possessed an intermediate quantity of narcotic drugs. In the said crime, the petitioner was arrested on 11-09-2022 and he was released on bail on 16-11-2022 with the condition that he shall not involve himself in any other similar crimes.
3
CRL.MC NO. 636 OF 2024
Court for NDPS Cases, Vatakara cancelled the bail granted to the petitioner in the first crime.
CRL.MC NO. 636 OF 2024
4
In such a view of the matter, I find no reason to interfere, and hence this Crl.M.C. is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
AJM/2/3/24
CRL.MC NO. 636 OF 2024
5
APPENDIX OF CRL.MC 636/2024
PETITIONER ANNEXURES
Annexure 1TRUE COPY OF FIR DATED11/09/2022
IN CRIME NO 526/2022 ON THE FILES
OF THAMARASSERY POLICE STATION
Annexure 2TRUE COPY OF ORDER DATED
16/11/2022 IN CRL MP 866/2022 ON
THE FILES OF THE SPECIAL COURT
NDPS VADAKARA
Annexure 3TRUE COPY OF ORDER DATED
09/10/2023 IN CRL MC 731/2023 ON
THE FILES OF ADDITIONAL SESSIONS
JUDGE II (SPECIAL COURT FOR NDPS
CASES)
Annexure 4TRUE COPY OF ORDER DATED
16/09/2023 IN CRL MP 474/2023 ON
THE FILES OF SPECIAL COURT NDPS
CASES VADAKARA
Annexure 5TRUE COPY OF ORDER DATED
12/01/2024 IN CRL MP16/2024 ON THE
FILES OF SPECIAL COURT NDPS
VADAKARA
TRUE COPY
1 issue framed by the court
Whether bail granted in Crime No.526/2022 should be cancelled on account of the petitioner committing a subsequent similar NDPS offence while on bail.
2 provisions across 1 enactments
Mohammed Midilaj
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court