The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10138 of 2025 Sarojit Dafadar @ Sarojit Daphadar …. Petitioners Mr. Mangu Nandy, Adv. State of Odisha -versus- …. Opposite Party Mr. Bibekananda Nayak, AGA CORAM: DR.JUSTICE SANJEEB K PANIGRAHI Order No.
Decision
ORDER 06.10.2025 Dated F.I.R. No. Police Station 53 03.03.2023 Kalimela Sections Section 20(b)(ii)(C)2 9 of N.D.P.S. Act. Case No. and Courts’ Name Special G.R. of No.67 2023 pending in the court of learned Additional Sessions Judge-cum- Special Judge, Malkangiri 01. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 08-Oct-2025 12:08:46 Page 1 of 6 3. The petitioner being in custody in connection with Special G.R. Case No.67 of 2023 arising out of Kalimela P.S. Case No.53 of 2023, pending in the court of the learned Additional Sessions Judge-cum-Special Judge, Malkangiri, registered for the alleged commission of offence under Section 20(b) (ii)(C) of the NDPS Act, has filed this petition for his release on bail. 4. The brief fact of the case is that on 03.03.2023 at about 5.10 P.M., IIC Surya Prakash Naik of Kalimela P.S. along with his staff was performing evening patrolling duty at Potteru and Chitrangapalli area. At about 6.25 P.M. while they were proceeding towards Kasalkonda from MPV-15 via canal road, they found one Hero Honda Passion Pro motor cycle bearing Registration No.OR-30-3016 coming towards them in a high speed from Kasalkonda side. Seeing the police team the rider of the motor cycle stopped at a distance of 15 meters from the police staff, turned round his motor cycle and tried to flee away but, caught red handed by the police. They found one plastic sack packed with something tied on the rear seat. On being asked, he disclosed his name as Sarojit Dafadar and confessed that there was Ganja in the plastic sack and he was transporting the same to Andhra Pradesh for sale by procuring the same from interior area of Chitrakonda. On being searched, they seized 36 Kgs, 100 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 08-Oct-2025 12:08:46 Page 2 of 6 grams of Ganja from the exclusive and conscious possession of the accused. 5. Learned counsel for the Petitioner submits that the Petitioner has no knowledge about the transportation of contraband ganja. He further contends that nothing has been seized from the conscious possession of the present Petitioner. The Petitioner is in custody since 04.03.2023. Hence, he submits that, the prayer of the present Petitioner may be allowed. 6. Learned counsel for the Petitioner further 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 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." Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 08-Oct-2025 12:08:46 Page 3 of 6 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. 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)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 1 (1981) 3SCC 671 2 SLP (Crl.) No.915 of 2023 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 08-Oct-2025 12:08:46 Page 4 of 6 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 stating that the quantity of ganja seized is clearly above the commercial quantity prescribed under the NDPS Act which bars granting of bail. 10. Without going into the merit of the case and based on the facts and circumstances of the case, 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:- i. The Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail; iii. The Petitioner shall not tamper with the evidence or intimidate the prosecution witnesses in any manner; and iv. The Petitioner shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on land, or Government land, community private in the possession of the land Petitioner or his family members. In the event that suitable land is unavailable, the Page 5 of 6 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 08-Oct-2025 12:08:46 Revenue Authority identifying the land for plantation. shall assist in Violation of any of the above conditions shall lead to 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. 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 shall maintain those plants for two years. 14. The BLAPL is, accordingly, disposed of. Vacation Judge (Dr. Sanjeeb K Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 08-Oct-2025 12:08:46 Page 6 of 6