The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4244 of 2025 Sarat Kumar Dey @ Sarat Ku. Dey …. Petitioner(s) Mr. Jugala Kishore Panda, Adv. State of Odisha -versus- …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR.JUSTICE S.K. PANIGRAHI Order No. F.I.R. No. 0056 20.08.2020 R. Dated Police Station Udayagiri Sections Sections 20(b)(ii)C, 25 & 29 of the N.D.P.S Act.
Decision
ORDER 12.05.2025 Case No. and Courts’ Name R. Udayagiri P.S. Case No.56 of 2020 to corresponding G.R. Case No.42 of 2020 pending in the learned Court of Sessions Judge- cum-Special Judge, Gajapati at Paralakhemundi 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 R. Udayagiri P.S. Case No.56 of 2020 corresponding to G.R. Signature Not Verified Case No.42 of 2020 pending in the Court of learned Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18 Page 1 of 6 Sessions Judge-cum-Special Judge, Gajapati at Paralakhemundi registered for the alleged commission of offence under Sections 20(b)(ii)C, 25 & 29 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 getting credible information regarding transportation of contraband Ganaja through the vehicle bearing registration No.OD-07- E-1108 the Police personnel on 20.08.2020 detained the said vehicle. On search, the Police personnel recovered 1215 Kg. of contraband Ganja from the said vehicle. Accordingly, upon filing of the F.I.R and completion of investigation, the Petitioner was arrested and has been languishing in custody since 20.08.2020. 5. Learned counsel for the Petitioner contends that nothing has been seized from the conscious possession of the present Petitioner. He further contends that though the Petitioner was travelling in the above noted vehicle, he has no idea about transportation of contraband Ganja through the said vehicle. Learned counsel for the Petitioner also contends that though the Petitioner has been languishing in custody since 2020, trial in the case has not been concluded till today. 6. Learned counsel for the Petitioner further contends that the Supreme Court has held that right to have 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 15:39:18 is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is Page 2 of 6 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: "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 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 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18 1 1979 AIR 1360 2 (1981) 3 SCC 671 Page 3 of 6 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. 8. 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. 9. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL. 10. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the Signature Not Verified case, directs the court in seisin over the matter to release Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 28-May-2025 15:39:18 3 SLP (Crl.) No. 915 of 2023 Page 4 of 6 the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. ii. iii. iv. 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; 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 after the onset of monsoon (between June, 2025 to August, 2025), shall plant 100 saplings of local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members. Violation of any of the above conditions shall entail cancellation of the bail. 11. The District Nursery/D.F.O shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 12. 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 or not. Page 5 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 15:39:18 13. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial. 14. 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 15:39:18 Page 6 of 6