The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11321 of 2023 Jagannath Madkami …. Petitioner Mr. Rajib Lochan Pattnaik, Adv. State of Odisha -versus- …. Opposite Party Mr.Gyana Ranjan Mohapatra, ASC CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. Dated Police Station F.I.R. No. 0229 23.09.2019 Malkangiri Model P.S.
Decision
ORDER 03.11.2023 Case No. and Courts’ Name No. T.R. 113 of 2019 pending in the court of learned Sessions Judge-cum- Special Judge, Malkangiri Sections Section 20(b)(ii)(C)/27(a) of the 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: 04-Nov-2023 14:23:04 Page 1 of 6 // 2 // 3. The Petitioner being in custody in connection with Malkangiri P.S. Case No.229 of 2019 corresponding to T.R. Case No.113 of 2019 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, registered for the alleged commission of offences under Sections 20(b)(ii)(C)/ 27(a) of the NDPS Act has filed this petition for his release on bail. 4. It is alleged in the FIR that on 22.09.2019 at about 10 P.M. during patrolling duty on the main road of Malkangiri to Balimela at Gopudaguda Chawk, the Police stopped a silver colour Hyundai Santro Car bearing registration No.OR-05-A-9048 with four occupants as the same was coming from Balimela side in a high speed. For such action of the Police, though the occupants of the said vehicle tried to escape, the Police could be able to catch them. On being asked as to why they were going in a high speed, the accused persons have confessed that since they were taking Ganja inside the said vehicle, they tried to escape from the said place. On verification of the said vehicle, Police found four numbers of plastic gunny bags and pungent smell of Ganja from each of the bags. On being asked they disclosed their names as Rinku Sheikh, Samarjit Das, Jagannath Madkami and Prem Khara. Thereafter, 100 Kgs. 560 grams of Ganja was seized. Page 2 of 6 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Nov-2023 14:23:04 // 3 // 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 22.09.2019, which is around three years. He further submits that the co-accused named Rinku Sk.@ Rinku Sheikh has been released on bail vide order dated 14.02.2023 passed by this Court in BLAPL No.13144 of 2022. 6. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. 7. The 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 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 Page 3 of 6 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Nov-2023 14:23:04 // 4 // 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 long 8. He 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, 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. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Nov-2023 14:23:04 1 1981)3 SCC 671 Page 4 of 6 // 5 // 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 by the learned counsel for the parties and the factum of release of the co- accused named Rinku Sk.@ Rinku Sheikh vide order dated 14.02.2023 passed by this Court in BLAPL No.13144 of 2022, 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 furnish two local sureties for Rs.1,00,000/- (Rupees one lakh) each, out of which one shall be his relative or friend. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Nov-2023 14:23:04 2 SLP (Crl.) No. 915 of 2023 Page 5 of 6 // 6 // ii. iii. iv. v. in any indulge he shall appear before the learned trial court on each date of posting of the case; the Petitioner shall not criminal activity in future; the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; the Petitioner shall report before the local Police Station on every alternate Sunday in between 10A.M. to 1.P.M. till completion of the trial; Violation of any of the above conditions shall entail cancellation of the bail. 11. 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: 04-Nov-2023 14:23:04 Page 6 of 6