The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11351 of 2023 Sukra Matam State of Odisha …. Petitioner Mr. Rajib Lochan Pattnaik, Adv. -versus- …. Opposite Party Mr.Gyana Ranjan Mohapatra, ASC CORAM: DR.JUSTICE S.K. PANIGRAHI
Decision
Order No. Dated Police Station F.I.R. No. 73 11.06.2021 Chitrakonda Police Station Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Dec-2023 15:15:16 ORDER 12.12.2023 Case No. and Courts’ Name Special G.R. Case No.56- A/2021 arising out of Chitrakonda P.S. Case No.73 dated 11.06.2021 pending in the Court of learned Sessions Judge-cum- Special Judge, Malkangiri Sections Section 20(b)(ii)(C) of the N.D.P.S. Act. Page 1 of 6 // 2 // 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 Chitrakonda P.S. Case No.73 of 2021 corresponding to G.R. Case No.56 of 2021(A) pending in the court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act, has filed this petition for his release on bail. 4. It is alleged in the FIR that on 11.06.2021 while the Police team was conducting patrolling duty, on getting reliable information, detained two vehicles i.e. one black- red colour Bajaj CT-100 Motorcycle bearing registration No.OR-10-J-0386 and one Bajaj Maxima Auto bearing registration no.OD-30A-0253 at about 00.33 A.M. near Rajabandh village chowk. Though one occupant of the Auto was detained by the Police personnel, the riders of the motorcycle and the driver of the Auto managed to escape from the spot taking advantage of the darkness. After obtaining formalities, they seized 310 kg. 500 grms of Ganja kept in 12 numbers of jari bags, wherein the Petitioner was an occupant of the said Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Dec-2023 15:15:16 Page 2 of 6 // 3 // 5. Learned counsel for the Petitioner submits that the Petitioner is in custody since 11.09.2023. He further submits that the Petitioner was travelling in the said motorcycle with another person when the police stopped and raided the Auto. He further submits that there is no conclusive proof that the contraband materials belong to the present Petitioner. 6. Learned counsel for the Petitioner further submits that the co-accused person has already been released on bail by this Court vide order dated 10.11.2023 passed in BLAPL No.10647 of 2022. 7. Learned counsel for the State vehemently opposes the bail prayer of the Petitioner. 8. 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: Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Dec-2023 15:15:16 "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 Page 3 of 6 // 4 // 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." 9. 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 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 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Dec-2023 15:15:16 1 1981)3 SCC 671 Page 4 of 6 // 5 // his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial. 10. 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. 11. Considering the submissions made by the learned counsel for the parties and the factum of release of the co- accused person on bail, this Court is inclined to release the present 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. ii. he shall appear before the learned trial court on each date of posting of the case; the Petitioner shall not criminal activity in future; indulge in any Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 13-Dec-2023 15:15:16 2 SLP (Crl.) No. 915 of 2023 Page 5 of 6 // 6 // iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; 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: 13-Dec-2023 15:15:16 Page 6 of 6