The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3394 of 2023 Sanjay Pangi Mr.Amit Biswal, Adv. -versus- …. State of Odisha Petitioner …. Opposite Party Mr.G.R.Mohapatra,ASC CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 04.07.2023 Sections Section 20(b)(ii)(C)/29 of the N.D.P.S. Act. F.I.R. No. 114 Dated Police Station Case No. and Courts’ Name 30.07.2020 Sunabeda T.R. Case No. 45 of 2020 pending in the court of learned Additional Sessions Judge-cum- Special Judge, Koraput 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the petitioner and learned counsel for the State.
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 12:15:02 Page 1 of 6 // 2 // 3. The petitioner being in custody in connection with Sunabeda P.S. Case No. 114 of 2020 corresponding to T.R. Case No.45 of 2020 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Koraput, registered for the alleged commission of offence under Section 20(b)(ii)(C)/ 29 of the NDPS Act has filed this petition for his release on bail. 4. It is alleged in the FIR that on 29.07.2020 at about 5.10 A.M. as per the direction of I.I.C., Sunabeda P.S. when S.I. of Police Sunbeda P.S. along with staff was performing night patrolling on Raipur-Vishakhapatnam road on N.H.26, found one six wheeler container being escorted by one red colour Yamaha R15 bike coming from Semiliguda side in high speed. On suspicion, the S.I. of Police and staff chased the said container and could stop it at Ghataguda Chhak at about 5.40 A.M.. On verification, the Police found four occupants including the present petitioner inside the container bearing Regd. No. NL-01-AB-9206. The rider of the Yamaha R15 bearing Regd. No. OD-10F- 0195 escaped from the spot leaving behind him the bike. On being searched, S.I. of Police found one additional box adjacent to the cabin containing numbers of bundles in concealing manner having smell of ganja. On being interrogated the present petitioner along with his Page 2 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 12:15:02 // 3 // associates admitted to have possessed ganja inside the additional box of the container. Due to non production of authenticated document, the S.I. of Police recovered and seized 705 Kgs of ganja from the exclusive and conscious possession of the present petitioner along with co-accused. After observing all formalities, all the accused persons including the petitioner were arrested and forwarded them to the court. 5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. There is no incriminating material available against the present petitioner to implicate him in the present alleged offence. The petitioner is languishing in custody since 30.07.2020 which is around three years.
Legal Reasoning
6. Learned counsel for the State vehemently opposes the bail prayer of the petitioner. 7. Hon'ble Supreme Court have 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. vs Home Secretary, State of Bihar, wherein the Hon'ble Supreme Court has iterated that: Page 3 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 12:15:02 // 4 // "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." further argues the period of that 8. He 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 Bihar1 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, 1 1981)3 SCC 671 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 12:15:02 Page 4 of 6 // 5 // 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. 9. 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. 10. Considering the submissions made and the factum of release of the co-accused persons, 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 the aforesaid case on 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, 2 SLP (Crl.) No. 915 of 2023 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 12:15:02 Page 5 of 6 // 6 // ii he shall not indulge in any criminal offence while on bail and iii. he shall not tamper with the evidence of any the prosecution witnesses manner. in Violation of any of the conditions shall entail cancellation of the bail.
Decision
11. The BLAPL is, accordingly, disposed of. Judge (Dr. S.K. Panigrahi) LB Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jul-2023 12:15:02 Page 6 of 6