AJI K K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in S.C.No.66/2011 on the file of Special Court for N.D.P.S Cases, Vadakara, in which the offence raised against him are punishable under Sections 20 (b) (ii) (B) of NDPS Act. The case of the petitioner is that he has once released on bail but subsequently he failed to appear before the Court below and as such N.B.W is pending against him. Therefore, he apprehends that in case of his surrender he is likely to send jail, therefore the present petition is filed with a prayer, to direct the Court below to release the petitioner on bail upon his surrender before the Court below and to recall the N.B.W.

(2.) Heard the learned counsel for the petitioner and also the learned Public Prosecutor.

(3.) From the facts referred above, it appears to me that the allegation is the petitioner along with other accused involved in the commission of the offence punishable under Section 20 (b) (ii) (B) of NDPS Act and S.C.No.66/2011 has already been instituted in the Special Court for N.D.P.S Cases, Vadakara based upon the Police report in Crime No.365/2009 of the Nilambur Police Station. It is further seen that though the petitioner was released on bail, he jumped over the bail conditions which resulted in issuing N.B.W which is now pending against the petitioner.