The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13529 of 2025 Bulu Behera …. Petitioner(s) Mr. Bijaya Kumar Ragada, Adv. Miss Agnishikha Ray, Adv. The State of Orissa CORAM: -versus- …. Opposite Party(s) Smt. Sarita Moharana, ASC HON’BLE DR. JUSTICE SANJEEB K PANIGRAHI Sections Sections 20(b)(ii)(C) & 25 of the N.D.P.S Act
Decision
Order No. F.I.R. No. 0180 17.12.2023 Semilliguda Semiliguda ORDER 23.12.2025 Case No. and Courts’ Name Police Station Dated P.S. Case No.180 of 2023 corresponding to T.R. Case No.148 of 2023 pending in the of Court learned Additional Sessions Judge- cum-Special Judge, Koraput 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 Signature Not Verified Semiliguda P.S. Case No.180 of 2023 corresponding to T.R. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Dec-2025 14:05:37 Case No.148 of 2023 pending in the Court of learned Page 1 of 6 Additional Sessions Judge-cum-Special Judge, Koraput registered for the alleged commission of offences under Sections 20(b)(ii)(C) & 25 of the N.D.P.S Act, has filed this application for his release on bail. 4. The brief fact of the case is that on 17.12.2023, during course of day patrolling duty near Kokoriguda Chhak area the Police personnel detained the vehicle bearing registration No.OD-05-BL-4487 on suspicion. On search, they recovered 134.700 Kilograms of contraband ganja from the said vehicle. Since the Petitioner was travelling in the said vehicle at the time of occurrence, he was taken into custody after lodging of the F.I.R and completion of investigation the Petitioner. Accordingly, the Petitioner has been languishing in custody since 17.12.2023. 5. Learned counsel for the Petitioner contends that the Petitioner is no way connected to the offences alleged against him. He was only travelling through the said vehicle. He had no knowledge about transportation of contraband Ganja through the said vehicle. Learned counsel for the Petitioner further contends that though the Petitioner has been in custody since last two years, trial in this case has not been completed till today. 6. Learned counsel for the Petitioner further contends that the Supreme Court has held that right to have speedy trial Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Dec-2025 14:05:37 is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is Page 2 of 6 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 no adequate financial resources to incur the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." 7. 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 Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Dec-2025 14:05:37 1 1979 AIR 1360 2 (1981) 3 SCC 671 Page 3 of 6 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. 8. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)3 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. 9. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. She further submits that such type of offences is not tolerable in a law abiding society. She, accordingly, prays for dismissal of this Signature Not Verified BLAPL. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Dec-2025 14:05:37 3 SLP (Crl.) No. 915 of 2023 Page 4 of 6 10. Considering the submissions made on behalf of both the parties, this Court 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 some stringent terms and conditions with further conditions that: the Petitioner shall not indulge himself i. the Petitioner shall appear before the learned Court below on each date of posting of the case; ii. in any criminal activities in future; iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; the Petitioner shall plant 50 saplings of iv. local variety like mango, neem, tamarind etc. in and around his village over the Government land/ community land/ private land, if it is in the possession of the Petitioner or his family members. Violation of any of the above conditions shall entail 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 Signature Not Verified Authority for identifying the land for plantation and the Revenue Authority shall do the needful. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Dec-2025 14:05:37 Page 5 of 6 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 will maintain those plants for two years. The said affidavit be also produced before the learned court below at the time of trial. 14. This BLAPL is, accordingly, disposed of. Judge (Dr. Sanjeeb K Panigrahi) Ayaskanta Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 25-Dec-2025 14:05:37 Page 6 of 6