JUSTICE v. NARASINGH Order No
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 14007 of 2023 Lambodar Mallick …. Petitioner Mr. S.S. Dash, Advocate State of Odisha -versus- …. Opposite Party
Legal Reasoning
Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No. 02. 1. Heard learned counsel for the Petitioner and learned counsel
Decision
ORDER 29.01.2024 for the State. 2. The Petitioner is an accused in connection with 2(a) C.C. Case No.49 of 2021 pending on the file of learned 3rd Additional District and Sessions Judge, Cuttack, arising out of P.R. Case No.131 of 2020-21 for commission of offence alleged under Sections 20(b)(ii)(C) of the NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Cuttack by order dated 04.12.2023 in the aforementioned case, the present BLAPL has been filed. 5. It is submitted by the learned counsel that the Petitioner is in custody since 01.11.2021 on the allegation of being involved in transportation of contraband (ganja) to the tune of 105 kgs. Page 1 of 4 6. The bail application of the Petitioner during the course of investigation was rejected by this Court by order dated 16.08.2022 in BLAPL No.4817 of 2022. Thereafter, the bail application of the Petitioner i.e. BLAPL No.9082 of 2022 was rejected by order dated 13.01.2023 since trial has already commenced and taking in account the period of custody, this Court had called upon the learned Court in seisin to conclude the trial within a period of four months from the date of receipt/production of the said order. 7. Even before the time limit, as fixed, in the order dated 13.01.2023 in BLAPL No.9082 of 2022 has elapsed, the Petitioner approached this Court again in BLAPL No.1489 of 2023 and by order dated 21.08.2023, the bail application of the Petitioner and I.A. No.830 of 2023 was rejected. Hence, this is the fourth journey of the Petitioner to this Court. 8. It is submitted by the learned counsel for the Petitioner that though the Petitioner is in custody since 01.11.2021, there is no progress in trial. 9. Taking note of the same and also in view of the earlier order passed requesting the learned Court in seisin to conclude the trial within the stipulated period, a report was called for from the learned Court in seisin. 10. Status report has been received from the learned 3rd Additional Sessions Judge, Cuttack, I/c. The said report reads as under; “STATUS REPORT OF CASE RECORD IN 2(a) CC CASE No. 49 OF 2021 CORRESPONDING TO P.R. NO. 131/2021- 22 OF E.I. & E.B. UNIT- II, CUTTACK AS DESIRED BY THE HON'BLE COURT IN BLAPL NO.14007/2023. This is a case initiated against the accused Lambodar Mallick for the offence u/s 20(b)(ii)(C) of the NDPS Act. Page 2 of 4 This case was instituted before the Court of Sessions Judge- cum- Special Judge, Cuttack on 01.11.21. The said case record was received on transfer from the Court of Sessions Judge-cum- Spl.Judge, Cuttack on 26.07.22. Charge u/s 20(b)(ii)(C) of the NDPS Act has been framed against the accused namely Lambodar Mallick on 23.09.22 and the case is posted to 26.10.22 for evidence. Out of four prosecution witnesses, one witness namely Thabir Kumar Pattnaik, Excise Constable has been examined by the prosecution on 22.12.22. Now the case stands posted to 24.01.24 for evidence of rest PR witnesses. With regard to the report sought for by the Hon'ble Court concerning the non-availability of the Court in seisin, I am to intimate that presently, this Court is functioning without its Presiding Officer as transferred since the previous P.O. has been 27.09.2023 for which, the trial of the case has been stalled since then. Further resumption of the trial and its eventual completion awaits joining of the new Presiding Officer to this Court. This is the present status of case in 2(a) CC Case No. 49 of 2021 as desired in BLAPL No. 14007 of 2023 is submitted herewith for kind placing before the Hon'ble Court. Sd/- 3rd Addl. Sessions Judge, Cuttack, I/c.” 11. It is apt to note that an affidavit has been filed at the behest of the Petitioner indicating that he was cited as an accused and faced trial in Goichhapada P.S. Case No.80 of 2017 corresponding to C.T. Case No.30 of 2018 U/s.498-A/506/376(2)(n) of IPC read with Section 6 of POCSO Act and by judgment dated 10.02.2023, he has been acquitted. The order of acquittal is taken on record. It is submitted that part from the same, the Petitioner is not an accused in any other case. Page 3 of 4 12. Taking into account that the Petitioner is in custody since 01.11.2021 and the report of the learned Court in seisin extracted herein above, notwithstanding the rigors of Section 37(1)(b)(ii) of the NDPS Act relied upon by the learned counsel for the State and keeping in view the right of an accused for speedy trial and the age of the Petitioner and in tune with the order of the Apex Court in case of Rabi Prakash vs. The State of Odisha reported in 2023 SCC OnLine SC 1109, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 13. Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin. 14. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has any other antecedent than the one as mentioned in the affidavit, this order shall not be given effect to. 15. 16. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 31-Jan-2024 11:17:33 Page 4 of 4