Kasaragod: The Kasaragod Sessions Court granted bail to a drug abuser and small-time peddler on the condition that he carry a placard exhorting people to abstain from liquor and intoxicants in the busy streets of Kanhangad for five days.

Sessions judge Sanu S Panicker imposed the unusual bail condition on Abdul Safwan S (25) of Kurunthoor in Kanhangad town, saying he be granted an opportunity for his reformation from illicit dealing of drugs.

Safwan was caught with 3.06gm of MDMA, a psychoactive party drug, on May 18, 2024, and spent nearly eight months in prison.

According to the bail order, Safwan's placard should be in Malayalam and read: 'Say no to liquor and drugs. They rob you of yourself, your friends, and your family.' He should carry the placard for three hours from 10 am to 1 pm for five consecutive days in places of the investigating officer's choice.

"The investigating officer (IO) thereafter shall file a compliance report before this cour,t and if the petitioner violates this condition, the benefit of this order would be cancelled," Judge Panicker wrote in his judgment dated January 9.

Hosdurg police picked up Safwan when they were looking for the culprit who kidnapped a 10-year-old girl sleeping in her house and sexually assaulted her on May 14, 2024. "Safwan was caught on a CCTV camera on the same night the girl was assaulted. When we picked him up, we found 3.06 gm of MDMA in his possession," said a police officer.

He was charged with the possession, trafficking, and consumption of drugs under Section Act 22 (b) of the Narcotic Drugs and Psychotropic Substances Act.

After nearly eight months in prison, Safwan approached the high court for bail. His counsel A Manikandan told the court that Safwan was "absolutely innocent" and his sister's wedding was getting delayed because of his continuous judicial custody. Adv Manikandan sought bail for his client because the investigation was over, and the charge sheet was submitted.

Public prosecutor P Venugopalan Nair told the court that Safwan was involved in six more similar crimes and was booked under the Indian Penal Code.

Judge Panicker noted that he was not inclined to release the petitioner on bail, considering the seriousness of the offence and the negative consequences of the availability of illicit drugs. However, the judge thought Safwan must take steps for reformation and also convey the message of the adverse effects of drug abuse to the public.

So the judge came up with the idea of the placard apart from setting the bail condition of a Rs 1 lakh bond with two guarantors for the same amount.

Unlike IPC, the Bharatiya Nyaya Sanhita (BNS), 2023, has a provision for ordering community service as a punishment for offences such as government employees engaging in trade, attempting to end life to compel or restrain the exercise of lawful power, theft were the value of stolen property is less than Rs 5,000, misconduct in public by a drunken person, and defamation.

But BNS has no provision to impose community service as a bail condition.

Moreover, possessing 3 gm of MDMA is not a minor offence. Moreover, possessing 3 grams of MDMA is not a minor offence. This quantity falls between small and commercial categories and, if convicted, carries a rigorous punishment of up to 10 years along with a fine under the NDPS Act.

Hosdurg Station House Officer Ajith Kumar P, who is the IO, said Safwan is expected to begin carrying the placard on Thursday, January 16. The inspector hinted that he would recommend busy streets for Safwan to stand with the placard. "If he fails to comply, I will report to the court, and his bail will be revoked," the officer said.