TaxTMI 
TaxTMI 
2020 (1) TMI 1002
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....o as "CrPC") for recalling the order of postarrest bail dated 10th May, 2019. 3. It may be noticed that accused respondent Shajimon is (A5) in Crime No. 14/2018 and (A1) in Crime No. 19/2018 and another accused respondent Rajesh is (A3) in Crime No. 19/2018. Facts of Crime No. 14/2018 4. The prosecution case is that on 25th May, 2018 at 5.30 p.m. in the parking area of the Hotel Aquarock situated at Mannanthala, accused A1 to A3 were found to be in joint possession of 10.202 kgs of hashish oil and currency notes worth Rs. 13,50,000/. The Circle Inspector of Excise, Thiruvananthapuram arrested all of three accused A1 to A3 and seized the hashish oil, money and the vehicles which were used by them for transporting oil. The allegation against the accused respondent (A5) was that he entrusted hashish oil to A1 through A2 for sale in the International market and Crime No. 14/2018 was registered against him for the offences punishable under Sections 20(b)(ii)(c) and Section 29 of the NDPS Act and after investigation, charge-sheet was filed on 10th May, 2019. 5. On an application filed for post-arrest bail by accused respondent(A5), learned Additional Sessions Judge while noticin....
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....lso be noticed that respondent(A5) was earlier convicted under Section 55(a) of Abkari Act in S.C. 235/2005. At the same time, for threatening witness in Crime No. 14/2018, a separate Crime No. 38/2018 has been registered against him. 9. Immediately after the post-arrest bail was granted by the learned Single Judge, miscellaneous application was filed by the appellant under Section 482 CrPC for recalling the orders of grant of post-arrest bail to the accused respondents dated 10th May, 2019. The learned Single Judge after noticing the submissions made in paragraph 16, that even if it was an erroneous order and it did not involve application of mind, still it was not open for the Court to reconsider the facts invoking Section 482 CrPC and expressed its view that the remedy of the State lies in assailing the orders of the Court before the superior forum, if so advised, and dismissed the application vide order dated 12th June, 2019 which is also a subject matter of challenge before us. 10. Mr. Ranjit Kumar, learned senior counsel for the appellant submits that the High Court has committed an apparent error in exercising discretion in favour of the accused respondents in granting....
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....from the accused respondents, and the learned Single Judge under the impugned judgment has put stringent conditions while granting post-arrest bail to the respondents, which has neither been misused nor violated and after affording due opportunity of hearing and noticing Section 37 of the NDPS Act, satisfaction has been recorded that the accused respondents deserve post-arrest bail. Once the discretion has been exercised by the learned Single Judge based on the facts on record, interference with the discretion exercised in favour of the accused respondents is not warranted. 16. Learned senior counsel further submits that the High Court was cognizant of the fact that the respondents had initiated prosecution under the Prevention of Corruption Act against the batchmate of the detecting officer and that such batchmate was convicted of the offence under the Prevention of Corruption Act. The High Court was obviously cognizant of the fact that it could be a case of false implication on account of a prior animosity of the detecting officer-colleagues convicted under the Prevention of Corruption Act on the complaint of the respondent. There being no prior case against the respondent und....
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....e borne in mind that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or in inflicting deathblow to a number of innocent young victims, who are vulnerable; it causes deleterious effects and a deadly impact on the society; they are a hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealing in intoxicants clandestinely. Reason may be large stake and illegal profit involved. This Court, dealing with the contention with regard to punishment under the NDPS Act, has succinctly observed about the adverse effect of such activities in Durand Didier v. Chief Secy., Union Territory of Goa [(1990) 1 SCC 95)] as under: 24. With deep concern, we may point out that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the me....
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....in themselves to justify satisfaction that the accused is not guilty of the alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for. 22. We may further like to observe that the learned Single Judge has failed to record a finding mandated under Section 37 of the NDPS Act which is a sine qua non for granting bail to the accused under the NDPS Act. 23. The submission made by learned counsel for the respondents that in Crime No. 14/2018, the bail has been granted to the other accused persons(A1 to A4), and no steps have been taken by the prosecution to challenge the grant of post-arrest bail to the other accused persons, is of no consequence for the reason that the consideration prevailed upon the Court to grant bail to the other accused persons will not absolve the act of the accused respondent(A5) from the rigour of Section 37 of the NDPS Act. 24. The further submission of the learned coun....