The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.858 of 2023 Gopi Mandal …. Petitioner Mr. Jugala Kishore Panda, Advocate. State of Odisha …. Opp. Party -versus- Mr. G.R. Mohapatra, Additional Standing Counsel. CORAM: DR.JUSTICE S.K. PANIGRAHI
Decision
Order No. F.I.R. No. 24 Dated Police Station 10.09.2020 Mudulipada ORDER 19.04.2023 Case No. and Courts’ Name T.R. No.95 of 2020 pending the of Addl. court Sessions Judge- cum-Special Judge, Malkangiri in Sections 20(b)(ii)(C)/ 25 of the NDPS Act. 02. 1. This matter is taken up by virtual/physical mode. 2. Heard learned counsel for the Petitioner and learned counsel for the State. Page 1 of 6 // 2 // 3. The Petitioner being in custody in connection with Mudulipada P.S. Case No.24 of 2020 corresponding to T.R. Case No.95 of 2020, pending in the court of the learned Additional Sessions Judge-cum- Special Judge, Malkangiri, registered for the alleged commission of offences under Sections 20(b)(ii)(C)/ 25 of the NDPS Act, has filed this application under Section 439 of Cr.P.C. for his release on bail. 4. The facts of the case, in brief, is that on 09.09.2020 at about 11.05 P.M while S.I of Police, Mudulipada Police Station along with his staff were performing night patrolling duty at Podaghat Chowk under Mudulipada Police Station area, one four wheeler and one motor cycle came fast back to back from Balimela side. Suspecting the four wheeler and motor cycle they detained. The motor cycle was coming ahead of the car. On detention, it is found that the four wheeler was silver color Maruti Suzuki Wagonr bearing registration number WB-06B- 5422. One person was driving the said Maruti Suzuki Wagoner and another three persons were sitting inside the car and four numbers of plastic sack contained with something were kept in the backside rear sheet of the said Maruti Suzuki Wagoner car. The motor cycle was Hero Page 2 of 6 // 3 // Honda Super Splendor bearing Regd. No.OR-02-A-3506 sitting by two persons one was rider and another was pillion rider. Pungent smell of ganja was coming out from such plastic sacks. When they were asked about the plastic sacks and their purpose of journey towards Jeypore, they fumbled to answer and could not give any satisfactory answer. Later on, they confessed that there was Ganja inside the said plastic sacks kept inside the car. After interrogation they disclosed their names and addresses as (1) Saheb Mandal (22), S/o- Sachindranath Mandal (2) Tapas Mandal (29), S/O- Jitendranath Mandal, both are of village Barudanga, P.S.- Raninagar, (3) Gopi Mandal (42), S/O- late Gurupada Mandal of village Sahebnagar, P.S.- Raninagar, (4) Madhab Mandal (35), S/O- Ranu Mandal of village Nashipur, P.S.- Murshidabad, (5) Bhabesh Mandal (28), S/O- Niren Mandal of village Char Daulatpur, P.S.- Islampur, all are of the District of Murshidabad, in the State of West Bengal and (6) Laikhan Muduli (35), S/O- late Ghasi Muduli of village Dandarbade, P.S.- Chitrakonda, District- Malkangiri, Odisha. The team recovered and seized 151 Kgs. of Ganja. On the basis of the report lodged by the informant namely Kandagori Sangara, Page 3 of 6 // 4 // Mudulipada P.S No.24 of 2020 was registered for the alleged offences under Sections 20 (b) (ii) (C)/ 25 of the N.D.P.S. Act against the accused persons. 5. Learned counsel for the Petitioner submits that the Petitioner is in custody since 10.09.2020. He further submits that charge-sheet in this case has already been filed. In the meantime, co-accused Bhabesh Mandal has been released on bail vide order dated 09.08.2021 passed in BLAPL No.8784 of 2020 and co-accused Laikhan Muduli has been released on bail vide order dated 24.11.2021 passed in BLAPL No.6472 of 2021 by this Court. He further submits that there is no material against the present Petitioner to implicate him in the present case. Moreover, there is no possibility of tampering with the prosecution witnesses by the Petitioner in case of his release on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. 7. Hon’ble Supreme Court has held that right to have speedy trial is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is not justified and violative of his fundamental right. The importance of speedy trial has been Page 4 of 6 // 5 // emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar1, wherein the Hon’ble Supreme Court has iterated that: it is “Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential ingredient of 'reasonable, fair and just' procedure guaranteed by Article 21 and the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the accused. The State cannot be permitted to deny the constitutional right of speedy trial to the accused on the ground that the State has no adequate the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial.” resources financial incur to 8. Considering the submissions made, facts and circumstances and the factum of release of the co-accused persons on bail and the length of detention of the Petitioner, this Court is inclined to release the Petitioner on bail. Accordingly, it is directed that the court in seisin over the matter shall release the Petitioner on bail in connection with the above noted case on furnishing bail bond of Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter 1 1979 AIR 1369. Page 5 of 6 // 6 // with stringent terms and conditions with further conditions that:- i. the Petitioner shall appear before the learned trial court on each date of posting of the case; ii. he shall not indulge in similar activities in future; and iii. he shall not tamper the evidence of the prosecution witnesses in any manner. 9. Violation of any of the conditions shall entail cancellation of the bail. 10. The BLAPL is, accordingly, disposed of. 11. Urgent certified copy of this order be granted on proper application. Judge (Dr. S.K. Panigrahi) amit Page 6 of 6