NAVAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed invoking the powers of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity), seeking to quash Annexure-6 order by which the bail granted to the petitioner in Crime No.11 of 2021 of Excise Range Office, Tirur was cancelled on account of his involvement in a subsequent crime.

(2.) Short facts are as under: The petitioner was arrayed as the 1st accused in Crime No. 11 of 2021 of the Tirur Excise Range Office registered by the Excise Inspector under Sec. 20(b)(ii)(C) and Sec. 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The facts which led to the registration of the Crime is that on 2/6/2021, at about 9.55 pm., the petitioner was found having concealed 40.5kgs of Ganja in the building bearing No. XV/332 H of Thrippangode Panchayat. As the petitioner was involved in another crime, his arrest was recorded on 18/11/2021. After having undergone custody till 17/5/2022, the petitioner approached this Court, and by Order dtd. 24/5/2022 in B.A.No.2289 of 2022, he was granted statutory bail. While granting bail, this Court, in addition to other conditions, ordered that the involvement in any other crime while on bail will entitle the investigating officer to file an application before the jurisdictional court for cancellation of bail.

(3.) It appears that thereafter, on 13/10/2022, at about 11 pm, based on secret information, the Police Sub Inspector, Tirur Police Station, reached a lodge situated at Chennara NOC padi, and it was found that the petitioner, along with three others had kept in their possession 14.250 kgs of Ganja and 850 gms of Hashish oil in the lodge room as well as in the car bearing Reg. No.KL-78-6539. It is also alleged that the petitioner, as well as the other accused, were armed with weapons. Based on the detection carried out as above, Crime No. 1024 of 2022 was registered for offence under Sec. 20(b)(ii)B r/w Sec. 29 of the NDPS Act and under Sec. 27 of the Arms Act, 1959.