IN THE COURT OF THE XXXIII ADDL.CITY CIVIL &
SESSIONS JUDGE & SPL. JUDGE (NDPS), BENGALURU.
CCH.33.
PRESENT:
SMT. B.S. JAYASHREE, LL.M.,
XXXIII ACC & SJ & SPL.JUDGE (NDPS),
BENGALURU.
DATED: THIS THE 25th DAY OF January 2023
Crl.Misc.12635/2022
Petitioner:
Fahim, S/o.Faisal K, 20 years,
No.35/697F, Hill Homes, Near
Providence College, florikan Hill road,
Vengeri, Kozhikode, Kerala.
(By Adv.Sri.Mohd.Mubarak)
Vs.

Respondent:
N.C.B.
(By .S.P.P Adv.)

ORDER
The petitioner/Accused No.1 has filed this petition
U/Sec.439 of Cr.P.C., to enlarge him on bail, in Crime
No.224/2021 of Byadarahalli PS., registered for the offences
punishable U/Section 8(c), 21(c), 22(c), 27(a), 20(ii) (B) of
N.D.P.S. Act.

2
2. The grounds urged by the accused/petitioner for
grant of bail are as under:
That the pettioner
is very innocent and law abiding
citizen. He has not committed any offence much less the
offence as alleged. He has been falsely implicated by the
complainant in this case. Though the alleged offence is non
bailable, but is neither punishable with imprisonment for
life or death sentence. Now investigation is completed and
charge sheet has been filed as such accused is entitled for
bail.

The petitioner is a final year BE student in NMAM.

Institute of technology Karkala and he had joined the college
for BE degree Course on 5.6.2015 and as per the university
rules he has to complete the degree and obtained degree.
The Petitioner is a Final Year B.E Student in NMAM
Institute of Technology, Karkala and
he had joined the
college for B.E. Degree course on 5.6.2015 and as per the
University Rules he has to complete the Degree and obtain
Degree within 8 years, otherwise, he will not get Degree
Certificate thereafter.
The petitioner had written Final year B.E. Examination
and he has passed all the subjects except one subject that
3
CCHн33
Cr lmis 12635/2022
titled УApplied Engineering Geology Lab along with Seminar
PaperФ, Now Examination is approaching shortly but still
date is not announced, but before that he has to undergo
project work and lab training which is by attending classes
in the college and therefore, to enable him to attend for Lab
and project work seminar and classes he has to attend
college which is from 16.01.2023. Therefore he has sought
to enlarge on Bail to pursue his studies otherwise he would
lose an opportunity to obtain degree and the period of 41/2
of years which he has spent will become ineffective. He is
the permanent resident of calicut and he will stay at Karkala
to purse his study and he is ready to furnish surety on his
release on Bail and
is ready and willing to abide by any
conditions imposed by this court in the event of grant of
bail. . Hence, sought to grant bail.

3. In the objection, it is contended that, on 30.7.2020
I.O seized 142 grams of MDMA tablets from a parcel booked
in the name of Kartik Pramod bearing full address.

The
address mentioned on the said parcel is taken by the
accused No.1 on rent. There is prima facie case made out
4
against accused. accused has not made out grounds for
grant of bail to him.

He is habitual drug dealer. The
offences alleged against the accused is punishable with
rigorous imprisonment for a term which shall not be less
than 10 years which may extend to 20 years and shall also
be liable to fine. There is a primafacie case available against
the accused. The bail petition filed by the accused
rejected
by
Hon’ble
High
Court
in
is
Crl.Petition
No.7568/2021, 8664/2021, & 7607/2020 dated 31.7.2021
on various grounds keeping in
mind seriousness of the
offence. The involvement of the accused in drug trafficking
business
with
other
coнaccused
persons
explained in detail in the investigation papers.

have
been
He is the
master mind of organised drug trafficking conspiracy. He is
also involved in similar NDPS case booked by Manipal PS.,
Udupi.

There is sufficient material available against the
accused attracting the allegations levelled in the complaint.
Hence, sought to reject the bail plea of accused.

4. Heard the arguments of both sides and perused the
records.

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CCHн33
Cr lmis 12635/2022
5. The points that arise for my consideration are as
here under:
1. Whether accused has made out
sufficient grounds to enlarge him on
bail?
2. What order?
6. My findings on the above points are as under:
Point No.1: In the Affirmative
Point No.1: As per the final order for the following:
REASONS
7. POINT NO.1:н The IO., NCB received credible
information about a parcel arrived at foreign post office,
Chamarajpet, Bengaluru and that the said parcel contains
MDMA. On the basis of the said credible information, the
NCB officials after getting necessary instructions from the
Superintendent, visited the post office and seized the parcel
in the presence of two panchas. The said parcel was booked
from Netherlands, addressed to one Karthik Pramod,
resident of Manipal of Udupi district i.e., accused No.2.
there was no address of Udupi district i.e., accused No.2.
there was no address of the consigner on the parcel, no
postage was paid for it. When the parcel was opened, there
6
were three plastic pouches and the same were containing
purple coloured tablets. The appearance of the substance
was tallying with the MDMA and it was weighing 142 grams.
Sample was drawn and the contraband was seized in
accordance with law. Further investigation was undertaken
about the consigner and the consignee of the parcel. The
sample was forwarded to Forensic Science lab for chemical
analysis. As per the test report forwarded by Central
Revenues Control Laboratory, New Delhi, the sample under
reference answer positive for 3, 4нMDMA. It is also found it
contained 23.9% of MDMA. During investigation, the
statements of accused Nos.1 and 2 along with other accused
were recorded. Initially, both these accused refused to have
any role in procuring the parcel in question. However, after
collecting incriminating materials, accused No.2 and other
have given their statement that the parcel was procured by
accused No.1 in the name of accused No.2and that it
contained narcotic drug I.e, MDMA for the purpose of
distributing it amongst the students in various institutions
either for consumption by them or for further retail
distribution. On the basis of this information and his
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CCHн33
Cr lmis 12635/2022
statement was recorded, wherein, he stated that it was he
who booked the consignment from Netherlands through
Dark web by paying the price through crypto currency.
Therefore, it is stated that a detailed investigation was
undertaken to find out the role played by each of the
accused in procuring the contraband for the purpose of
distribution amongst the students and other institutions.
Now the investigation is completed and charge sheet is filed.

8.The Bail petition filed by the petitioner on previous
occasions came to be rejected on looking to seriousness of
allegation levelled in the prosecution papers. The quantum
of contraband seized in the case is commercial quantity.
Now in the present petition The accused herein is seeking
interim bail to pursue his studies. The petitioner is a final
year BE student in NMAM. Institute of technology Karkala
and he had joined the college for BE degree Course on
5.6.2015
and as per the university rules he has to
complete the degree and obtained degreeThe petitioner is a
final year BE student in NMAM.

Institute of technology
Karkala and he had joined the college for BE degree Course
8
on 5.6.2015
and as per the university rules he has to
complete the degree and obtained degree. The Petitioner is a
Final Year B.E Student in NMAM Institute of Technology,
Karkala and
he had joined the college for B.E. Degree
course on 5.6.2015 and as per the University Rules he has
to complete the Degree and obtain Degree within 8 years,
otherwise, he will not get Degree Certificate thereafter.
9. The petitioner had written Final year B.E. Examination
and he has passed all the subjects except one subject that
titled УApplied Engineering Geology Lab along with Seminar
PaperФ, Now Examination is approaching shortly but still
date is not announced but before that he has to undergo
project work and lab training which is by attending classes
in the college and therefore, to enable him to attend for Lab
and project work seminary and classes he has to attend
college which is from 16.01.2023. therefore he has sought
enlarge on Bail to pursue his studies otherwise he would lose
an opportunity to obtain degree and the period of 4 1/2 of
years which he has spent will become in effective.

CCHн33
Cr lmis 12635/2022
9
10.

The learned counsel petitioner has produced the letter
issued by Principal NMAM institute of technology dated
17.12.2022. It is stated in the said letter that the petitioner
has to clear applied Engineering Geology Lab which is a
pending lab exam. Exam for this paper is approaching and
this year is the 8th year after joining as per VTU regulations
he has to clear the exams this year or else it would be
difficult for him to get Engineering Degree. As per VTU
regulations
17
1,5
maximum
duration
for
program
completion is eight years. The petitioner has one subject
pending and one seminar which he has to complete before
2022н23 academic year ending without which he would not
be get BE Degree Certificate from the University. The college
records issued by the Principal clear denotes that the
petitioner has to complete his Engineering Degree this
academic year or else he would lose an opportunity to get
degree. The petitioner herein has to prepare for the lab exam
and he has to attend one seminar and project work as per
the letter of college authorities. In the recent of order Hon’ble
Apex Court Appeal No.9619/2022 Arising out of impugned
final
Judgment
and
order
dated
02.06.2022
in
10
Crl.P.No.3344/2022 passed by the High Court of Karnataka
at Bengaluru between Anirudh V.Konnur Vs. State of
Karnataka granted interim Bail to the petitioner as he has to
attend the final exam. On considering the education
prospects of the petitioner I feel if the petitioner is enlarged
on interim Bail for a period of 3 months by imposing
stringent conditions without looking to the allegations
levelled in the prosecution papers it would not in any way
prejudice the case of the prosecution. Further it would not in
any way hamper the trial.

In the result, I answer point
No.1 in the negative.

11. Point No.2:н
following:
In the result, I proceed to pass
ORDER
The Petition filed by the petitioner U/Sec.439
of Cr.P.C is hereby allowed.
The petitioner is enlarged on bail on executing
personal bond for a sum of Rs.1,00,000/н with two
sureties for the like sum with following conditions.

CCHн33
Cr lmis 12635/2022
11
1.

He shall surrender before the Court before
completion of three months.

2.

He shall not tamper the witness or abscond.

3.

He
shall
coнoperate
investigation.

4.

He shall not commit similar offence or
any offence while on bail.

5.

He shall furnish his photo ID proof and
local address proof document before the
court and photo ID proof of his sureties.

6.

He shall appear before the court on all
hearing dates.

7.

Breach of any of the conditions by the
petitioner would entail cancellation of bail.

with
I.O
for
[Dictated to the stenographer, directly on the computer, typed and
computerised by her, corrected, signed and then pronounced by me
in Open Court on this the 25th day of January 2023]
(B. S. JAYASHREE)
XXXIII ACC & SJ & SPL.JUDGE,
(NDPS) : BENGALURU.