Cancellation of bail requires a thorough inquiry and cannot be based solely on subsequent criminal involvement; subjective satisfaction regarding the violation of bail conditions is essential.

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 made available for my perusal.

5. In S.C.No.228 of 2020, the offence alleged is punishable under Section 20 (b)(ii)(B) read with Section 8 (c) of the NDPS Act. Annexure-II is a copy of the Final Report based on which Sessions Case No.228 of 2020 was instituted. The allegation therein is that the petitioner was found in possession of 3.380 kilograms of Ganja. In that case, the petitioner was granted statutory bail as per Annexure-III order dated 04.09.2020. The second condition therein is that the petitioner should not commit any offence while on bail. It is alleged that the petitioner committed a similar offence on 16.11.2023 and thereby violated condition No.2 in Annexure- III. Annexure-V is the occurrence report in that regard which was registered on 17.11.2023. The allegation therein is that he together with the 2^nd accused in that crime were in possession of 11.3 Kilograms of Ganja.

6. After apprehending the petitioner in Crime No.51 of 2023, the investigating officer filed Crl.M.P.No.3513 of 2023 in Sessions Case No.228 of 2020 seeking to cancel bail granted to the petitioner as per Annexure-III order for the reason that he involved in Crime No.51 of 2023. The Special Court cancelled the bail as per Annexure-VIII order. The operative part of the said order reads thus:

“7. I have carefully gone through the case records in SC 228/2020 and also the record pertaining to other crime referred to above and made available along with the affidavit of the S.H.O, Vythiri Police Station. The accused has been granted bail by this court on 04.09.2020 in Crl.M.C.No.547/2020 with certain conditions. The 2^nd condition is that the petitioner/accused shall not commit any offence during the time of bail.

8. From the records, it is found that the accused has been involved in crime No.51/2023 under Sections 29 , 20(b)(ii)(B) r/w 8(c) of the NDPS Act after his release on bail in this case. Hence, the accused violated the bail condition No.2 imposed by this court while granting bail. Therefore, the bail is liable to be cancelled and hence to be re-arrested.”

7. The learned counsel for the petitioner places reliance onGodson and another v. State of Kerala [ 2022(4) KLJ 150 ],Renjith v. State of Kerala [2023(2) KHC 310], Visakh v. State of Kerala [ 2024(6) KLT 415 ] in order to contend that the Special Court did not follow the procedure contemplated for cancellation of the bail. It is further submitted that the Special Court did not consider materials in order to arrive at a satisfaction that the condition was violated. It is accordingly contended that Annexure - VIII order is vitiated.

8. In the aforesaid decisions, the learned Single Judges essentially placed reliance on the principles laid down by the Apex Court inDolat Ram and others v. State of Haryana [ (1995) 1 SCC 34