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Farhan – Appellant
Versus
State of Kerala – Respondent
ORDER :
Petitioner faces an indictment for the offences under Sections 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 dated 17-05-2024. 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 dated 23-07-2024, which is produced as Annexure 5. The order of recall is under challenge in this proceeding under Section 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. Noush
Criminal courts lack authority to recall their own orders; an illegal order cannot be corrected by another illegal order.
Criminal courts lack inherent power to modify or recall their orders, and an illegal order cannot be corrected by another illegal order.
Trial courts cannot withhold passports post-acquittal unless required for ongoing proceedings, as their retention infringes on personal liberty and doesn't comply with statutory mechanisms governing ....
The cancellation of bail is justified where conditions are violated by reoffending, as seen in preceding judgments.
The court must conduct a summary enquiry before cancelling bail, as established in precedent.
The main legal point established in the judgment is that special law prevails over general law, and the mere pendency of an appeal cannot be a ground to withhold the release of a passport when the ma....
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