The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3256 of 2025 Muna @ Arjun Kar …. Petitioners Mr. Amlan Shakti Paul, Adv. State of Odisha -versus- …. Opposite Party Ms. Jyoshnamayee Sahoo, ASC CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 05.05.2025 F.I.R. No. 458 Dated Police Station Case No. and Courts’ Name Sections 06.09.2022 Khandagiri T.R. Case No.346 of 2022 pending in the of court 2nd learned Additional Sessions Judge, Bhubaneswar Section 20(b)(ii)(C) of N.D.P.S. Act. 01. 1. This matter is taken up through hybrid arrangement.
Legal Reasoning
2. Heard learned counsel for the parties. 3. The petitioner being in custody in connection with T.R. Case No.346 of 2022 arising out of Khandagiri P.S. No.458 of 2022, pending in the court of the learned 2nd Additional Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 16-May-2025 17:38:46 Page 1 of 6 Sessions Judge, Bhubaneswar, registered for the alleged commission of offence under Section 20(b) (ii)(C) of the NDPS Act, has filed this petition for his release on bail. 4. The brief fact of the case is that on 6.9.2022 the Inspector In-Charge of Khandagiri PS got information from Inspector of Crime Unit regarding selling of ganja by the petitioners along with other accused persons behind Cosmopolis Apartment Dumduma, Bhubaneswar. Accordingly, AGP Zone-Ill, Bhubaneswar was intimated and as per the direction of the IIC, Khandagiri PS raid was conducted on the spot wherein some persons were found to be seated inside a NISSAN TERRANO Car bearing Regd. No. OD-14- C-0075 and on interrogation they disclosed having Ganja inside the dickey of the car. As they could not produce any authority for possession of such ganja, four packets each having 25 kg. of ganja in total 100 kg. of ganja were seized from the dickey of the Car. On interrogation they admitted that they had brought ganja from Digapahandi for selling at Bhubaneswar. The present accused was inside the Car at the time of raid contraband ganja and arms and ammunition were seized from his possession. Hence, this case. 5. Learned counsel for the Petitioner submits that nothing has been seized from the conscious possession of the present Petitioner. He further submits that the alleged ganja Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 16-May-2025 17:38:46 Page 2 of 6 seized from the possession of the Petitioner is below the commercial quantity. He further submits that the Petitioner is in custody since 11.10.2022. Hence, he submits that, the prayer of the present Petitioner may be allowed.
Legal Reasoning
6. Learned counsel for the petitioner further submits that the Hon'ble Supreme Court has consistently held that the right to a speedy trial is a fundamental right guaranteed to every citizen under Article 21 of the Constitution. Therefore, continued incarceration of the petitioner for an extended period without conclusion of trial is unjustified and amounts to a violation of his fundamental rights. The importance of speedy trial has been emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar, wherein the Hon'ble Supreme Court has iterated that: "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 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." 7. He further argues that the period of long incarceration suffered, which entitle 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 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 16-May-2025 17:38:46 Page 3 of 6 and again, in several judgments including that of Kadra Pahadiya & Ors. v. State of Bihar 1wherein it has been held 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 a significant majority of the accused belong to economically and socially disadvantaged sections of society and often lack awareness of legal rights or access to competent legal assistance, the right to a speedy trial assumes even greater importance. While in a given case, an accused person's express demand for a speedy trial may weigh in their favour, the absence of such a demand cannot be used to deny or dilute their right. An accused cannot be deprived of the protection guaranteed under the right to a speedy trial merely because they did not expressly assert or insist upon it. 8. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)2 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 1 (1981) 3SCC 671 2 SLP (Crl.) No.915 of 2023 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 16-May-2025 17:38:46 Page 4 of 6 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. 9. Learned counsel for the State vehemently opposes the prayer for bail stating that the quantity of ganja seized is clearly above the commercial quantity prescribed under the Act which bars granting of bail. 10. Without going into the merit of the case and based on the facts and circumstances of the case as well as the period of detention of the Petitioner in custody, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. the Petitioner shall appear before the trial court on each date of posting of the case; ii. the Petitioner shall not indulge himself in any criminal offence while on bail; and iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner. iv. The Petitioner, after the onset of monsoon (between the months of July and August, 2025), shall plant 200 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on government land, community land, or private land in the possession of the petitioner or his family Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 16-May-2025 17:38:46 Page 5 of 6 members. In the event that suitable is unavailable, the Revenue Authority shall assist in identifying land for the plantation. Violation of any of the above conditions shall entail land cancellation of the bail. 11. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required. 12. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain those plants for a period of two years. 13. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.
Decision
14. The BLAPL is accordingly disposed of. Judge (Dr. S.K. Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 16-May-2025 17:38:46 Page 6 of 6