The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1522 of 2025 Md. Parwej @ Chinku …. Petitioner(s) Mr. Asok Mohanty, Sr. Adv. along with associates State of Odisha -versus- …. Opposite Party(s) Miss Gayatri Patra, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. F.I.R. No. 355 Dated Police Station 10.09.2022 Plant Site Sections Sections 21(C) and 25 of the N.D.P.S Act. of
Decision
ORDER 15.05.2025 Case No. and Courts’ Name Plantsite P.S. Case No.355 2022 to corresponding Spl. G.R. Case No.43/20 of 2022-23 pending the Court of learned 2nd Additional Sessions Judge, Rourkela in 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Plantsite P.S. Case No.355 of 2022 corresponding to Spl. G.R. Case No.43/20 of 2022-23 pending in the Court of learned 2nd Additional Sessions Judge, Rourkela registered Page 1 of 6 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 12:26:48 for the alleged commission of offence under Sections 21(C) and 25 of the N.D.P.S Act, has filed this application for his release on bail. 4. The brief fact of the case is that on 10.09.2022 at about 5.00 A.M. during course of patrolling duty near Nayabazar Chhak area the Police personnel on getting credible information regarding selling of contraband brown sugar/heroin detained the present Petitioner who was in a car. On search, they recovered 252.440 grams of contraband brown sugar/ heroin from the said car in which the present Petitioner was sitting. Accordingly, upon filing of the F.I.R and completion of investigation, the Petitioner was arrested and he has been languishing in custody since 10.09.2022. 5. Learned Senior Advocate, Mr. Ashok Mohanty appearing on behalf of the Petitioner contends that the Petitioner has been entangled in this case on suspicion. He was only travelling through the said car from which the contraband brown sugar has been recovered. He had no idea regarding transportation of alleged contraband brown sugar through the said car. 6. Learned Senior Advocate appearing on behalf of the Petitioner further contends that on the earlier occasion the Petitioner had approached the Supreme Court through Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 12:26:48 SLP No.497 of 2024. After hearing the parties concerned the Supreme Court vide order dated 06.03.2024 though Page 2 of 6 declined to grant bail to the Petitioner, directed the learned Court below to conclude the trial within a period of six months from the date of presentation of an authenticated copy of the order dated 06.03.2024. At this juncture, learned Senior Advocate appearing on behalf of the Petitioner submits that despite presentation of an authenticated copy of the order dated 06.03.2024 passed in the above noted SLP before the learned Court below, the trial in the Spl.G.R. Case No.43/20 of 2022-23 has not been concluded till today. He further submits that out of 23 charge sheeted witnesses eighteen witnesses have already been examined in the meantime. He, in the process, prays for permitting the Petitioner to be released on bail. 7. Learned Senior Advocate appearing on behalf of the Petitioner further contends that the 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 emphasized in the case of Hussainara Khatoon & Ors. vrs. Home Secretary, State of Bihar 1, wherein the Supreme Court has iterated that: Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 12:26:48 1 1979 AIR 1360 "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 it is the constitutional obligation of the State to device such a Page 3 of 6 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 financial resources to incur the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." 8. He further argues that the period of long incarceration suffered, which entitles the Petitioner for grant of bail. Right to Speedy trial is a fundamental right of an under trial prisoner and this observations have been resonated, time and again, in several judgments including that of Kadra Pahadiya & Ors. v. State of Bihar2 wherein it has been stated that the obligation of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly, in a country like ours, where the large majority of the accused come from poorer and weaker sections of the society and are not versed with laws and after face the dearth of competent legal advice, the application of the said NDPS Rule is wholly inadvisable. Of course, in a given case, if an accused demands speedy trial and yet he is not given one, may be a relevant factor in his favour. But an accused cannot be disentitled from complaining of infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 12:26:48 2 (1981) 3 SCC 671 Page 4 of 6 9. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)3 that incarceration has further deleterious effects where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily. 10. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. She further submits that such type of offences is not tolerable in a law abiding society. She, accordingly, prays for dismissal of this BLAPL. 11. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 12:26:48 the the Petitioner shall appear before concerned in every local Police Station fortnight on Monday between 10.00A.M. to 1.00P.M. till conclusion of the trial; 3 SLP (Crl.) No. 915 of 2023 Page 5 of 6 ii. iii. iv. the Petitioner shall not indulge himself in any criminal activities in future; the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; the Petitioner shall clean the premises of the Plantsite Police Station in the morning hour (between 6.00 A.M. to 8.00 A.M.) for two months from the date of his actual release in the aforesaid case. The I.I.C, Plantsite Police Station shall provide the cleaning articles like broom, phenyl and other the Petitioner so that he can clean the said premises. items to Violation of any of the above conditions shall entail cancellation of the bail. 12. The BLAPL is, accordingly, disposed of. Judge (Dr. S.K. Panigrahi) Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 12:26:48 Page 6 of 6