FARHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner faces an indictment for the offences under Ss. 22(c) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioner was granted statutory bail as per the order in Crl.M.C No.3491/2023 by a learned single Judge of this Court after imposing conditions. Pursuant to the condition directing surrender of his passport before the Special Court, petitioner surrendered his passport. Later, he filed an application before the Special Court for its release. Without noticing the absence of authority to modify the conditions, the Special Court allowed the application and directed the passport to be released as per Annexure 2 order dtd. 17/5/2024. However, on noticing that the condition directing surrender of the passport was imposed by this Court and there was no stipulation enabling the Special Court to modify the conditions, the order releasing the passport was recalled by another order dtd. 23/7/2024, which is produced as Annexure 5. The order of recall is under challenge in this proceeding under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) I have heard Sri. Jefrin Jose, the learned counsel for the petitioner as well as Sri. Noushad K.A., the learned Public Prosecutor.

(3.) Concededly, when petitioner was granted statutory bail by the High Court after imposing conditions, there was no stipulation enabling the Special Court to relax the conditions imposed by this Court. Therefore, modification of the conditions imposed in the bail order could have been permitted only by the High Court. Instead of applying for modification of the said condition before the Court which granted bail, petitioner approached the Special Court and the application for release of his passport was allowed. However, on noticing the absence of any jurisdiction to relax the conditions, the Special Court, recalled its earlier order.