The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7187 of 2024 Rajana Srinivasa Rao Petitioner Mr. Ananta Narayan Pattanayak, Adv. …. The Union of India -versus- …. Opposite Party Mr. Gyanaloka Mohanty, Adv. CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. F.I.R. No. 01/NCB/ BBSR/2020
Decision
ORDER 30.07.2024 Dated Police Station Case No. and Courts’ Name 05.06.2020 Bhubaneswar T.R. Case No.28 of 2020 arising out of NCB Crime No.01/NCB/BBSR/2020 dated 05.06.2020 of Intelligence Officer Control Narcotics Bureau, Bhubaneswar pending in the Court learned 2nd of the Additional Sessions Judge, Khurda Sections Sections 20(b)(ii)(C)/25& 29 the of N.D.P.S. Act 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-Jul-2024 17:40:10 Page 1 of 6 3. The Petitioner being in custody in connection with NCB Crime No.1/NCB/BBSR/2020 of Intelligence Officer, Narcotics Control Bureau, Bhubaneswar corresponding to T.R. Case No.28 of 2020, pending in the court of the learned 1st Additional Sessions Judge, Khurda, 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 petition for his release on bail. 4. The allegation as made in the F.I.R. reveals that on 04.06.2020 at about 3.30 P.M. while Intelligence Officer of Narcotics Control Bureau Sub-zone, Bhubaneswar along with their staff received information that a truck being Regd. No.AP-37-Y-4677 (Ashok Leyland Truck) was carrying a substantial quantity of ‘ganja’ from Andhra Pradesh towards Bhubaneswar. Police detained the said truck and on being searched, found 775 KG of ‘ganja’ along with 180 packets of onion in the said truck. Police seized the same along with some cash, two mobile phones from the possession of the Petitioner. 5. Learned counsel for the Petitioner submits that the Petitioner is the driver of the alleged truck. The contraband ‘ganja’ had been loaded in the truck along with onion packets, which was beyond the knowledge of the Petitioner. The Petitioner has no criminal antecedent. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-Jul-2024 17:40:10 Page 2 of 6 He has been falsely implicated in this case. He further contends that the Petitioner has been suffering from HIV+ since long and he is under treatment, for which he may be released on bail. 6. Learned counsel for the Petitioner also submits that the Petitioner has been languishing in custody since 04.06.2020. Though four years have passed in the meantime, only four persons have been examined in this case and the trial is going on slowly. There is no likelihood of completion of trial in near future. 7. Learned counsel for the Petitioner, in the process, further contends that the Supreme Court has held that right to have speedy trial is a fundamental right of a citizen. Hence, keeping a person inside 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. 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 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-Jul-2024 17:40:10 1 1979 AIR 1360 Page 3 of 6 no adequate financial resources to incur the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." 8. 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 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. 9. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)3 that incarceration has Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-Jul-2024 17:40:10 2 (1981) 3 SCC 671 3 SLP (Crl.) No. 915 of 2023 Page 4 of 6 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. Learned counsel for the NCB vehemently opposes the bail prayer of the Petitioner. He further contends that the health condition of the Petitioner is stable and he is being provided with proper medical facilities by the jail authorities as and when required. 11. Considering the above submissions and since the present Petitioner is an HIV+ patient, this Court is of the view that he needs periodical health check-up. This Court, accordingly, without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on furnishing of cash surety of Rs.1,00,000/- (Rupees one lakh only) along with two local solvent sureties each for the like amount to the satisfaction of the court in seisin over the Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 31-Jul-2024 17:40:10 Page 5 of 6 matter with some stringent terms and conditions as deemed just and proper with further conditions that: i. ii. iii. iv. v. the Petitioner shall appear before the local Police Station on every Monday between 10.00A.M. to 1.00P.M. till conclusion of the trial; the Petitioner shall appear before the court in seisin over the matter on each date of posting of the case till completion of 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 shall not threaten or cause any kind of inconvenience to the victim or the family members of the victim; Violation of any of the above conditions shall entail cancellation of the bail. 12. 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: 31-Jul-2024 17:40:10 Page 6 of 6