Khatoon & Ors v. Home Secretary, State of Bihar, wherein the Hon'ble Supreme Court has iterated t
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Samit Naik BLAPL No. 2807 of 2024 ..…... Petitioner Mr. Suryakanta Dash, Adv.. -versus- State of Odisha …... Opposite Party Mr. G.R. Mohapatra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 22.04.2024 Order No. 02 Dated F.I.R. No. Police Station 156 26.08.2020 Jeypore Sadar Sections Section 20(b)(ii)C of the NDPS Act. Case of Case No. and Courts’ Name T.R. No.63 2020 pending in the court of learned District & Sessions Judge-cum- Special Judge, Koraput Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 23-Apr-2024 11:57:28 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 2 3. The Petitioner being in custody in Jeypore Sadar P.S. Case No.156 of 2020 corresponding to T.R. Case No.63 of 2020, pending in the court of the learned District & Sessions Judge- cum-Special Judge, Koraput at Jeypore, registered for the alleged commission of offence under Section 20(b)(ii)C of the N.D.P.S. Act, has filed this petition for his release on bail. 4. The prosecution case, as narrated in the FIR is that on 26.08.2020 at 1.40 p.m. the petitioner and others were found transporting 67 packets scrapped with brown color cell tapes in one Bolero vehicle without registration number from Bhatiguda to Angul and on detention by the Jeypore Sadar Police, a total of 335 Kgs and 500 grams of contraband ganja contained in those packets were found from their possession. 5. Learned counsel for the Petitioner submits that the Petitioner is in custody since 26.08.2020 and he is a passenger of the vehicle in question. The Petitioner has been falsely implicated in this case. 6. Learned counsel for the Petitioner submits that the 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 emphasized in the case of Hussainara Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 23-Apr-2024 11:57:28 3 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 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 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. 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. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 23-Apr-2024 11:57:28 But an accused cannot be disentitled from complaining of 1 (1981) 3SCC 671 4 infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial. 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 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 of the Petitioner. 10. Without going into the merit of the case, considering the submissions made, facts and circumstances of the case and 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:- Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 23-Apr-2024 11:57:28 2 SLP (Crl.) No.915 of 2023 5 i. the petitioner shall appear before the court seisin over the matter on each date of posting of the case till completion of trial; ii. the petitioner shall not indulge in any criminal activity in future; iii. the petitioner shall not tamper with the evidence of the prosecution witnesses in any manner; 11. Violation of any of the conditions shall entail cancellation of the bail. 12. Accordingly, the BLAPL stands allowed. Judge ( Dr. S.K. Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 23-Apr-2024 11:57:28