IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7193 of 2009 SC.NO.18 OF 2009 OF SPECIAL JUDGE (NDPS ACT CASES) VADAKARA PETITIONER : 2ND ACCUSED: -------------------- CHANDRAN, S/O. RAMU, PADINJARA PALLINILAM, GOVINDAPURAM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT: STATE: --------------- 1. THE STATION HOUSE OFFICER, KASBA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7193 OF 2009 ------------------------------------------------------ Dated this the 8th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in S.C.No.18 of 2009 on the file of the Court of the Special Judge (NDPS Act cases), Vadakara. 2. The offence alleged against the petitioner is under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act. 3. The allegation is that the petitioner was found in possession of 2 kgs of ganja. On 12.5.2009, bail was granted to the petitioner. One of the conditions for granting bail was that the petitioner shall not commit similar offence while on bail. 4. The Prosecutor filed an application for cancellation of bail alleging that on 15.6.2009, the petitioner was found in possession of 225 gms of ganja and he was arrested by the Medical College Police in Crime No.367 of 2009 for that offence. It was contended that the petitioner having violated one of the conditions on which bail was B.A. NO. 7193 OF 2009 :: 2 :: granted, the bail was liable to be cancelled. The court below cancelled the bail by the order dated 7.7.2009. Warrant was issued against the petitioner. He was arrested on 12.11.2009 and he was remanded to judicial custody. The petitioner filed Crl.M.C.No.2987 of 2009 challenging the order dated 7.7.2009 cancelling bail. The Criminal Miscellaneous Case was dismissed by this Court as per the order dated 19.10.2009. 5. The petitioner moved an application for bail before the Special Judge (NDPS Act cases), which was dismissed by the order dated 19.11.2009. 6. It is alleged that the petitioner violated the conditions imposed while granting bail. The court below was satisfied that the petitioner had violated one of the conditions on which bail was granted. That order was confirmed by the High Court in Crl.M.C.No.2987 of 2009. Therefore, the question whether the petitioner had violated the condition while granting bail cannot be gone into afresh. Now the question is whether the discretion should be exercised to grant bail to the petitioner under Section 439 of the Code of Criminal Procedure. B.A. NO. 7193 OF 2009 :: 3 :: 7. In the facts and circumstances of the case, I do not think that the petitioner is entitled to such discretionary relief. The petitioner was granted bail with a specific condition that he should not involve himself in similar criminal activities. He violated that condition and he had dealt with ganja again. Dealing with ganja is a very serious crime. It affects hundreds of persons. It is not a case where one or two persons are affected by the offence committed by the accused persons. A large number of persons being the victims of offence, I do not think that a light approach should be made while exercising the discretion under Section 439 of the Code of Criminal Procedure. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The Bail Application is accordingly dismissed. The trial court shall make every endeavour to expedite the trial. (K.T.SANKARAN) Judge ahz/