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Judgment
11 paragraphs · 237 wordsAshok Menon, J
Application for regular bail under Section 439 of Cr.P.C. Petitioner is the sole accused in Crime No.25/2021 of Kondoty Police Station,
Malappuram District for having committed an offences punishable under Sections 20(b)(ii) C of the Narcotic Drugs and Psychotropic Substances Act.
His earlier bail application No.1598/2021 was dismissed by this Court on 15.3.2021 holding that in view of the embargo under Section 37 of the NDPS
Act, the petitioner is not entitled to bail. The petitioner has been in custody for 481 days and the final report has already been filed. The petitioner
states that there is no possibility of trial being taken up immediately and therefore in view of the pandemic situation, the petitioner may be granted bail.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. In view of the decision of this Court, it cannot be reviewed again
since it is already held that there are no reasonable grounds to believe that the accused was not found guilty and he will not get involved in similar
nature of offences while on bail. However, in view of the fact that the final report has already been filed, the trial court is directed to take up the
matter as expeditiously as possible despite the impediments of the pandemic situations, keeping in view that the petitioner is an under trial prisoner.
With this observation, this Bail Application is dismissed.