The Kerala High Court upheld an order canelling bail of an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985, in light of the fact that a subsequent drug-related case was registered against him while he was out on bail. The High Court also pointed out that drugs are now being channelled to school-going children.

The petitioner, an accused in a case pending on the files of the Special Court for SC/ST (POA) Act and NDPS Act Cases, had approached the High Court. The offences alleged against the petitioner are punishable under Sections 22(b) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Highlighting the harsh relaity of drug-menace, the Single Bench of Justice V.G.Arun said, “While on the point, it is essential to mention that in the year 2024, 24,517 narcotic related arrests were reported in Kerala, compelling even the State legislature to suspend its regular business for discussing the social impact of substance abuse. This Court cannot be oblivious of this reality. The poisonous fangs of the drug mafia have reached even our school going children.”

Advocate P. Mohamed Sabah represented the Peititoner while Public Prosecutor M.C. Ashi represented the Respondents.

Factual Background

The incident dates back to the year 2022 when the petitioner was found in possession of 7.22 grams of MDMA, purchased by the second accused from Bangalore. The petitioner was granted bail and one of the conditions required the petitioner to refrain from getting involved in other offences. The order also authorised the investigating officer to approach the jurisdictional court for cancellation of bail, if any condition is violated.

As the petitioner violated the aforestated condition by becoming an accused in a case registered under Sections 22(b) and 29, and Section 22(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the second respondent-SHO approached the Special Court for SC/ST (POA) Act and NDPS Act Cases seeking cancellation of the bail granted to the petitioner and the bail was cancelled. Aggrieved thereby, the petitioner approached the High Court.

Reasoning

The Bench noted that in the case at hand, the crime in which bail was granted as well as the subsequent crimes were registered for the offences punishable under the NDPS Act. “In this context, Section 31 of the NDPS Act providing for enhanced punishment for offences after previous conviction, Section 31A providing for death penalty for certain offences after previous conviction and the rigour of Section 37, in the matter of grant of bail for certain offences cannot be overlooked. The above provisions are indicative of the gravity of drug related crimes and severity of punishment in view of its societal impact”, the Bench said.

The Bench further observed, “While liberty of an individual is precious and is to be protected zealously, that cannot be at the cost of the society. An accused who allegedly misused his liberty by committing the same offence, if allowed to roam free, will undoubtedly be a threat to the society. Bail granted to such an accused is liable to be cancelled, even if the subsequent crime/s does not have the effect of interfering with the trial of the case in which he was granted bail.”

The High Court also held that misuse of liberty by the accused indulging in similar/other criminal activity finds a prominent place among the circumstances justifying cancellation of bail enumerated in the judgment of the Apex Court in P. v. State of Madhya Pradesh (2022). Thus, given such factual and legal aspects, the Bench dismissed the Criminal Miscellaneous Case.

Cause Title: Muhammed Shibil v. The State Of Kerala & Anr. (Neutral Citaiton: 2025:KER:16619)

Appearance:

Petitioner: Advocates P.Mohamed Sabah, Libin Stanley Saipooja, Sadik Ismayil, R.Gayathri, M.Mahin Hamza, Alwin Joseph, Benson Ambrose

Respondent: Public Prosecutor M.C. Ashi

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Kerala High CourtJustice VG Arun

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.