The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 5609 of 2023 An application under Section 439 of the Code of Criminal Procedure, 1973 -------------- Satya Narayan Yadav ..…. Petitioner -versus- State of Odisha Opp. Party …… ----------------------------------------------------------------------------- For Petitioner : Mr. Vaishnav Kiriti Singh, Advocate For Opp. Party : Mr. S.S. Mohapatra, ASC ----------------------------------------------------------------------------- CORAM: HONOURABLE MISS JUSTICE SAVITRI RATHO JUDGMENT 15.04.2024 Savitri Ratho, J. This is the second application of the petitioner under Section 439 of Cr.P.C. in connection with Koraput Town P.S. Case No.74 of 2021 corresponding to T.R. Case No.31 of 2021, pending in the Court of the learned Addl. Sessions Judge-cum-Special, Koraput, where chargesheet has been submitted against the petitioner and other accused persons for commission of offence punishable under Section 20 (b) (ii) (C)/29 of the NDPS Act , on the allegation of transportation of 1752.200 Kgs. of contraband ganja in a truck. Page 1 of 24 BLAPL No. 5609 of 2023 2. The earlier application of the petitioner in BLAPL 5182 of 2021 has been disposed of by a coordinate Bench of this Court on 13.10.2022. While rejecting the prayer for bail of the petitioner, the Court had directed for expediting the trial and also observed that the learned Court in seisin over the case would do well to dispose of the case as expeditiously as possible, preferably within a period of six months from the date of receipt of the copy of the order, and liberty had been granted to renew his prayer for bail if trial is not concluded within the aforesaid time. 3. This bail application has been listed before me as BLAPL No.4181 of 2021 filed by the co-accused-Nikodini Turuk and BLAPL No.4185 of 2021 filed by co-accused, Aditya Sahu had been disposed of by me on 16.02.2022. 4. The prayer for bail of the petitioner-Satya Narayan Yadav has been rejected vide order 09.01.2023 passed by the learned Additional Sessions Judge-cum-Special Judge, Koraput in T.R. Case No. 31 of 2021. 5. The prosecution allegation in brief is that on 11.03.2021, when Sri Chittaranjan Pradhan, S.I. of Police, Koraput Town Police Station along with staff was waiting at Landiguda Chhak, to verify the veracity of information regarding illegal possession and transportation of contraband ganja, they found one truck bearing Registration No. BR-44-GA-0374 and one Bolero bearing Registration No. OD-10R-1337 being loaded with Page 2 of 24 BLAPL No. 5609 of 2023 something. Those vehicles were being escorted by one motorcycle in the front side and one Maruti Suzuki Alto from behind. On seeing the Police vehicle, the escorting vehicle Maruti Suzuki and motor cycle fled towards new colony. The Police team chased the vehicles and were able to stop the vehicles and apprehend the petitioner and three others. 1752 kg. and 200 grams of contraband ganja were recovered from the vehicles – truck and Bolero / maruti from their exclusive and conscious possession. After observing the formalities of search and seizure under NDPS Act, the ganja was seized from the possession of the present petitioner and the co accused persons.
Legal Reasoning
6. Mr. Vaishnav Kirti Singh, learned counsel for the petitioner has submitted that the petitioner is aged about 25 years and has no criminal antecedents and is in custody since 11.03.2021. His right to speedy trial has been infringed as trial has not yet commenced in spite of direction of this Court in BL APL No. 5182 of 2021, for which Section – 37 of the NDPS Act will not be bar for consideration of his prayer for bail. He has submitted that merely because ganja was recovered from the truck does not mean that the petitioner was in conscious possession of ganja, in absence of further incriminating materials. He has also submitted that the petitioner is not related to the other accused persons who were allegedly escorting the truck in different vehicles and that some of the co accused persons namely Page 3 of 24 BLAPL No. 5609 of 2023 Babu rao Khilla in BL APL No. 4441 of 2021 , rajesh Adkatia in BL APL no. 4442 of 2021 , Gora Dushura Barik in BL APL No. 4682 of 2021 , Manik Adkatia in BL APL No. 4882 of 2021 have been released on bail. He further submits that the petitioner is the sole earning member of his family and his minor son has died recently for which his prayer for bail may be sympathetically considered. In support of his submission that he is entitled to be released on bail on account of delay in completion of trial he has relied on the following decisions : 1. Rabi Prakash vrs. State of Odisha: 2023 LiveLaw (SC) 533 2. Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) vrs. Union of India: 1994 SCC (6) 731: JT 1994 (6) 544 3. Mukhtiar Singh vrs. State of Haryana (P&H HC): 2008 CRILJ 2454 : 2008 SCC Online page 4. Sorabkhan Gandhkhan Pathan and Another vrs. State of Gujarat: 2004 (13) SCC 608 5. Kishore Bira vrs. State of Odisha (BLAPL No. 9629 of 2021 disposed on 11.07.2022): 2022 LawSuit (Ori) 484 6. Sebil Elanjipally vrs. State of Odisha (BLAPL No. 6803 of 2022): 2023 LiveLaw (SC) 474 7. Hussainara Khatoon and Others (IV) vrs. Home Secretary, State of