- (1.) THE petitioner, a student of Indian Institute of Technology at Kharagpur was arrested in connection with Kharagpur (Town) P. S. Case No. 201 of 2008 dated 18-10-2008 under Section 21 (b) of the NDPS Act 1985. The learned Additional Sessions Judge, 4th Court at Paschim Medinipur granted bail in favour of the petitioner on 27th of October, 2008. There was a condition attached to the bail which is as follows:- "he must not have to involve or taking Heroine or any liquor etc. and Registrar, IIT, Kharagpur shall keep watch about this accused so that he shall have to mend in future and if any bad report is received from the Registrar, IIT regarding his daily performance and further involvement of taking any illicit liquor or Heroine or etc. , his bail shall stand cancelled. "
(2.) THE authority in the IIT, Kharagpur passed an office order being No. IIT/acad (UG)/g-26/2008, dated 21st October, 2008 which is as follows:- "the undersigned is directed to convey that on the recommendation of the Standing Disciplinary Committee of the Institute, the Director, as Chairman of the Senate, has approved outright expulsion of Shri Priyankar Biswas, Roll No. 9712116, from the Institute with immediate effect for possession of hallucinogenic drugs and being remanded in to judicial custody. This be reported to Senate at its next meeting. Deputy Registrar (Academic)"
(3.) THE petitioneraccused challenged this order of the IIT, Kharagpur before the learned Special Judge, under NDPS Act, Paschim Medinipur by filing a petition with a prayer for stay of operation of the order of the authority. ] learned Special Judge by an order dated 10th of December, 2008 passed the following order:- "heard Ld. Lawyer for both the sides and also considered the order dt. 2710-2008 and it is found that IIT, Kharagpur authority has terminated the present accused to continue his studies and that accused is Preyankar Biswas. But most peculiar factor is that till disposal of this case IIT authority has no jurisdiction to terminate such accused, who is the student of IIT and if any such act has been taken by the Registrar, IIT, Kharagpur on the basis of the order dated 27-10-2008 it is uncalled for. Fact remains, the Registrar, IIT, or Director, IIT have exceeded their jurisdiction and have failed to conceive the spirit of the order. So, in the circumstances, the Director, IIT and Registrar, IIT, Kharagpur are directed to permit him to continue his studies and to admit him at IIT, Kharagpur to complete his studies and to report by 15-01-2009. This applicant/accused Priyankar Biswas is directed to appear before the Registrar, IIT and Director, IIT, Kharagpur for continuing his studies and the Registrar and the Director, IIT, Kharagpur, shall give him a chance to complete his studies, so that he may complete his Bachelor degree from that IIT. Send a copy of this order to the Director, IIT and the Registrar, IIT, Kharagpur at once to comply the order very strictly and the order shall be sent to the I. C. , Kharagpur (T) P. S. to serve it upon the Director and the registrar, IIT, Kharagpur immediately for its strict compliance. ";