The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13314 of 2023 Kanha @ Jubaraj Behera …. Petitioner Mr. Dushmanta Sahoo, Adv. -versus- …. Opposite Party Mr. Ch. Satyajit Misra, AGA State of Odisha CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 22.12.2023 Sections Section 20(b)(ii)(C)/25/29 of the N.D.P.S. Act. F.I.R. No. 65 Dated Police Station Case No. and Courts’ Name 11.08.2020 Adava Avada P.S. Case No.65 of 2020 corresponding to G.R. Case No.39 of 2020 of the offences 20(b)(ii)C/25/29 of the N.D.P.S. Act pending in of court the learned Addl. Sessions Jduge Court-cum- Special Judge, Paralakhemundi, Gajapati 1. This matter is taken up through hybrid arrangement. Page 1 of 6
Legal Reasoning
Signature Not Verified 02. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Dec-2023 10:49:33 // 2 // 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Avada P.S. Case No.65 of 2020 corresponding to G.R. Case No.39 of 2020 registered for the alleged commission of offences under Sections 20(b)(ii)(C)/25/29 of the NDPS Act, has filed this petition for his release on bail. 4. It is alleged in the FIR that on 11.08.2020 at about 3.53 A.M. while the S.I. of Police, of Adava P.S. along with his staff were performing night patrolling duty at village Aligonda, Damadua, they noticed one vehicle Hundai Xcent bearing Regd. No.OD-BG-1397 coming from Aligonda towards Adava side with higher speed. When they tried to stop the vehicle, the driver seeing the Police Party tried to escape but they could stop it on the main road near Jiliki temple. The two occupants of the said car fled towards nearby forest and the petitioner was caught red handed being the driver. On search, they recovered 53
Legal Reasoning
Kg. 900 grms. of ganja kept in four bags from the possession of the petitioner and on failure to produce any document of authority regarding such possession and transportation, they seized the contraband article along with the vehicle. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Dec-2023 10:49:33 Page 2 of 6 // 3 // 5. It is submitted on behalf of the Petitioned that the Petitioner has been false implicated in this case. He was only the driver of the alleged vehicle. The other co-accused who fled from the car were traveling in his car as passengers possessing four bags containing alleged quantity of contraband ganja. Since the profession of the petitioner is driving and carrying passenger, he had no knowledge about the contents of the bags carried by the said co-accused. After completion of investigation, charge sheet has been filed. The petitioner is a local person and had no chance of his absconding, if he is released on bail. He is in custody since 11.08.2020. 6. He further submits that the Petitioner is languishing in custody since long. 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 Signature Not Verified that: Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Dec-2023 10:49:33 Page 3 of 6 // 4 // "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." 9. 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 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, Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Dec-2023 10:49:33 1 1981)3 SCC 671 Page 4 of 6 // 5 // 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. 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, 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 appear before the learned trial court on each date of posting of the case; Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 23-Dec-2023 10:49:33 2 SLP (Crl.) No. 915 of 2023 Page 5 of 6 // 6 // ii. iii. the Petitioner shall not criminal activities in future; the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; indulge in any Violation of any of the above conditions shall entail cancellation of the bail.
Decision
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: 23-Dec-2023 10:49:33 Page 6 of 6