The court reinforced that significant prior offenses and the nature of charges can justifiably lead to the denial of bail under narcotics law.

ORDER

This is an application for regular bail.

2 Petitioner is the sole accused in Crime No.264 of 2022 of Areekode Police Station, Malappuram District registered alleging commission of offence punishable under Section 20 (b)(ii)B of the Narcotic Drugs and Psychotropic Substances Act, 1985 .

3. Prosecution allegation is that on 09.05.2022, 1790 grams of ganja was found at the residence of the petitioner, which was allegedly meant for sale and thus the accused committed the offence referred above.

4. Petitioner submits that he is in custody from 09.05.2022 onwards, and he has been falsely implicated in the above said crime. Though he moved an application for bail before the Special Court, Manjeri, the same was rejected and that the final report is already laid and his continued detention is not required for the purpose of investigation.

5. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

6. Learned Public Prosecutor opposed the application for bail, mainly contending that large quantity of ganja was seized from the possession of the petitioner. Learned Public Prosecutor further submitted that the petitioner is involved in 14 other cases out of which 10 cases are offences punishable under the provisions of NDPS Act and out of which in 3 cases he is already convicted, the details of which are as given below:

“1. Vazhakkad PS Cr.231/11 U/S 323, 354, 427, 448 IPC

2. Manjeri Excise Cr.74/12 U/S 55(i) of Abkari Act

3. Areekode PS Cr.221/12 U/S 27(b) of NDPS Act. CC 492/2022

4. Areekode PS Cr.53/13 U/S 55(i) of Abkari Act.

5. Manjeri Excise Cr.5/2014 U/S 20(b)(2)(B) of NDPS Act.

6. Kunnamangalam PS Cr.218/15 U/S 20(b)(ii)(A) of NDPS Act – Convicted 7. Kozhikode town PS Cr.378/16 U/S 20(b)(ii)(B) of NDPS Act – Convicted

8. Areekode PS Cr.33/17 U/S 20(b)(2) of NDPS Act – Convicted

9. Areekode PS Cr.57/17 U/S 107 CrPC

10. Areekode PS Cr.154/17 U/S 20(b)(ii)(A) of NDPS Act – SC.837/2020

11. Mukkam PS Cr.307/18 U/S 20(b)(2)(B)(ii)(A) of NDPS Act.

12. Areekode PS Cr.28/19 U/S 20(b)(ii)(A) of NDPS Act. - Convicted

13. Areekode PS Cr.26/22 U/S 20(b)(ii)(A) of NDPS Act – CC.261/2022

14. Areekode PS Cr.204/22 U/S 20(b)(ii)(A) of NDPS Act – CC.469/2022”

The learned Public Prosecutor also submitted that the petitioner had even made his minor daughter involved in the sale of Ganja. In view of the fact that the petitioner is a habitual offender having been involved in 14 cases out of which 10 cases are punishable under the NDPS Act, I am not inclined to grant bail to the petitioner.

This court while dismissing the application of the petitioner seeking bail as per Annexure B order, directed the trial Court to expedite the trial of the case. I have called for a report from the trial Court concerned and it is reported that the evidence has already commenced and PW1 to PW13 are already examined. Taking into consideration the detention of the petitioner for long, there will be a direction to the trial court to expedite the trial of the case, and complete the same without much delay.