In a unique ruling that prioritizes the educational future of an accused, the XXXIII Addl. City Civil & Sessions Judge and Special Judge (NDPS) in Bengaluru, Smt. B.S. Jayashree, granted interim bail for a period of three months to Fahim, an accused in a significant case involving the commercial quantity of MDMA. The order, passed on January 25, 2023, in Criminal Miscellaneous Petition No. 12635/2022, provides a temporary reprieve to the 20-year-old from Kozhikode, Kerala, allowing him to appear for his final examinations and complete his B.E. degree requirements.

Fahim, S/o. Faisal K, was arrested in connection with Crime No. 224/2021 registered by the Byadarahalli Police Station, facing severe charges under various sections of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, including Sections 8(c), 21(c), 22(c), 27(a), and 20(ii)(B). These sections collectively deal with illegal possession, sale, and trafficking of commercial quantities of psychotropic substances, an offence generally punishable with rigorous imprisonment for a term between ten and twenty years, along with a hefty fine. The complexity of the case and the quantum of the seized contraband necessitate adherence to the stringent bail conditions outlined in Section 37 of the NDPS Act, which usually bar bail unless the court is satisfied that the accused is not guilty and is unlikely to commit any offence while on bail.

The prosecution, represented by the Special Public Prosecutor (S.P.P.), vehemently opposed the bail plea. The objection detailed the seizure of 142 grams of MDMA tablets from a parcel booked from the Netherlands to an address in Manipal, Udupi district. Crucially, the prosecution asserted that Fahim was the mastermind of an organized drug trafficking conspiracy. The investigation revealed that the consignment was procured by Fahim through the Dark Web using cryptocurrency for the purpose of distributing the narcotic drug among students in various educational institutions. The prosecution highlighted that previous bail petitions filed by the accused had already been rejected by the Hon’ble High Court of Karnataka (Crl. Petition Nos. 7568/2021, 8664/2021, & 7607/2020), keeping in mind the seriousness of the offence and the accused’s alleged role as a habitual drug dealer, also noting his involvement in a similar NDPS case registered by Manipal Police Station.

Despite the gravity of the allegations and the statutory hurdles, the Court considered the plea for bail under a specific, compelling circumstance: the petitioner’s educational future. Fahim, a student at NMAM Institute of Technology, Karkala, argued that he was a final-year B.E. student who had joined the course on June 5, 2015. As per the Visvesvaraya Technological University (VTU) rules, he must complete his degree within a maximum duration of eight years. Having spent four and a half years on his education, he was now on the verge of losing his entire degree as he had only one pending subject, titled “Applied Engineering Geology Lab along with Seminar Paper,” which required him to attend classes, lab work, and project seminars, beginning in January 2023.

The learned counsel for the petitioner produced a letter from the Principal of NMAM Institute of Technology, dated December 17, 2022, confirming that the 2022-23 academic year was the eighth and final year for the petitioner to clear his pending requirements as per VTU regulations. Failure to do so would result in him not obtaining his Engineering Degree Certificate, rendering the years of study ineffective.

The Special Judge, while acknowledging the seriousness of the prosecution’s case and the commercial quantity of the contraband involved, found merit in the plea to prevent the academic ruin of the accused. The Court relied on a precedent set by the Hon’ble Apex Court in Anirudh V. Konnur Vs. State of Karnataka, where interim bail was granted to a petitioner to attend final examinations. The Judge reasoned that granting interim bail for a limited period of three months, subject to stringent conditions, would not prejudice the prosecution’s case or hamper the trial, while simultaneously protecting the petitioner’s educational prospects. This balanced approach allowed the Court to bypass the usual consideration of the allegations and the stringent Section 37 of the NDPS Act for the purpose of granting temporary, limited liberty.

The Court, answering Point No. 1 “In the Affirmative” in the reasons but recording the finding as “In the Negative” (a likely typographical error in the final order’s reasoning section, as the operative order allows the petition), proceeded to pass the final order. The petition was allowed, and Fahim was enlarged on interim bail upon executing a personal bond for Rs. 1,00,000/- with two sureties for the like sum.

The interim bail was granted subject to highly restrictive conditions, ensuring the accused’s immediate return to custody:

1. Mandatory Surrender: Fahim shall surrender before the Court before the completion of the three-month period.
2. No Tampering or Absconding: He shall not tamper with the witness or abscond.
3. Cooperation: He shall cooperate with the Investigating Officer (I.O.) for investigation.
4. No New Offence: He shall not commit similar offence or any offence while on bail.
5. Proof Submission: He shall furnish his photo ID proof and local address proof document before the court, along with the photo ID proofs of his sureties.
6. Court Appearance: He shall appear before the court on all hearing dates.
7. Breach Clause: Breach of any of the conditions would automatically entail cancellation of bail.

This interim relief, though temporary, grants the accused a crucial window of opportunity to complete his educational journey, reflecting a humanitarian approach by the judiciary within the constraints of strict narcotics law.