ORDER

In this petition filed under Section 482 of the Code of Criminal Procedure , 1973, the petitioner assails Annexure- VIII order by which the Special Court for NDPS Act Cases, Kalpetta cancelled bail granted to the petitioner in Sessions Case No.228 of 2020 pending before that Court. The reason for cancelling his bail is that he violated condition No.2 in Annexure-III order, by involving in Crime No.51 of 2023 of Kalpetta Excise Range where offences punishable under Sections 20 (b)(ii)(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (NDPS Act) are alleged.

2. The petitioner would contend that the learned Special Judge did not consider any of the materials concerning Crime No.51 of 2023 and on mere perusal of Annexure-V occurrence report in that crime, mechanically cancelled the bail. When the learned Special Judge did so, the provisions of Section 439(2) of the Code are violated and Annexure-VIII order became illegal. Accordingly, the petitioner contends that the said order is liable to be set aside.

3. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

4. A report of the Station House Officer, Vythiri Police Station is ma