"Poisonous Fangs of the Drug Mafia Have Reached Even School-Going Children": Kerala HC Cancels Bail of NDPS Accused

Post By 24law
March 8, 2025

Pranav B Prem

The Kerala High Court has upheld the cancellation of bail granted to an NDPS Act accused, emphasizing that an accused who misuses liberty by indulging in subsequent drug-related crimes poses a serious threat to society. The Court noted that the poisonous fangs of the drug mafia have reached even school-going children, making it imperative to take strict action.

Case Background

The case involved Muhammed Shibil, the first accused in Crime No. 624/2022, registered at Pandikkad Police Station, Malappuram, under Sections 22(b) and 29(1) of the NDPS Act, 1985. He was found in possession of 7.22 grams of MDMA, allegedly purchased by the second accused from Bangalore. Shibil was granted bail on January 18, 2023, with a specific condition that he should not be involved in any other offence. However, he was later accused in two more NDPS cases—Crime Nos. 1420/2024 and 1421/2024—registered at Perinthalmanna Police Station. Citing his involvement in repeat offences, the Special Court for SC/ST (POA) Act and NDPS Act Cases, Manjeri, canceled his bail. Challenging this order, he moved the High Court.

Court’s Observations on Drug-Related Crimes

Justice V.G. Arun took judicial notice of the alarming increase in narcotic-related arrests in Kerala, observing: "While on 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 societal impact of substance abuse. This Court cannot be oblivious of this reality. The poisonous fangs of the drug mafia have reached even school-going children. 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."

Petitioner’s Arguments and Court’s Response

The petitioner relied on Godson v. State of Kerala (2022 KHC 672), Renjith v. State of Kerala [2023 (2) KHC 310], and Visakh v. State of Kerala (2024 KHC OnLine 7149) to argue that mere registration of a subsequent crime cannot result in automatic cancellation of bail. He contended:

Bail cancellation requires proof that the accused attempted to interfere with the administration of justice.

There was no recovery of contraband from his possession in the subsequent cases.

The principles in Dolat Ram v. State of Haryana [(1995) 1 SCC 349] distinguish between bail grant and cancellation.

However, the prosecution countered that involvement in a subsequent NDPS case itself amounted to misuse of bail conditions, citing P. v. State of Madhya Pradesh [(2022) 15 SCC 211].

Distinguishing Previous Judgments

The High Court noted that in the cases cited by the petitioner, either the initial or subsequent offence was under the IPC. However, in Shibil’s case, both the initial and subsequent crimes were under the NDPS Act.

Final Verdict

The Kerala High Court ruled that bail can be canceled even if the subsequent crime does not interfere with the original trial, provided the accused misused liberty by committing a similar offence. The Court dismissed the petition, stating: "Bail granted to such an accused is liable to be cancelled, even if the subsequent crime does not have the effect of interfering with the trial of the case in which he was granted bail."

Advocates who apeeared in the case

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