Orissa High Court
BLAPL/5579/2020 on 25 January, 2021
BLAPL No.5579 of 2020
04. 25.01.2021 This matter is taken up through video
conferencing.
Heard, learned counsel for the petitioner and
learned counsel for the State.
The petitioner is in custody in connection with
Jharsuguda PS Case No.462 of 2020 corresponding to
CT (Special) Case No.39 of 2020 pending in the court of
the learned Sessions Judge-cum-Special Judge,
Jharsuguda, registered for the alleged commission of
offence under Sections 20(b)(ii)(C) of the NDPS Act, has
filed this application under Section 439 of CrPC for his
release on bail.
The allegation of the prosecution is that on
01.07.2020, the informant Sabitri Bal, IIC Jharsuguda
PS received information from a reliable source that
contraband 'ganja' was being transported from Kolabira
side towards Jharsuguda town side by one Pulsar Motor
Cycle bearing Regd. No. OD-23J-1731 and the
motorcycle was likely to be crossed Badeimunda by
6:00 AM. Thereafter, she along with other staffs
immediately proceeded to Badheimunda Chwok in front
of L.N.College. At about 6:30 AM, they found the alleged
black colour Pulsar motor cycle was being ridden by one
person along with two pillion riders carrying two jerry
bags, coming from Kolabira side towards Jharsuguda
town side. The police personnel signaled to stop but
they did not stop and drove ahead with high speed
towards Badheimunda Chowk. The police party chased
the motor cycle and they were detained by the police in
front of engineering school, Jharsuguda. On being
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asked, they disclosed their identity as Nirmal Patel,
Sitaram Sahu and Jitendra Rohidas and all are of
Jharsuguda district. Strong smell of 'ganja' was
emanating from the bags. They also confessed that they
procured the 'ganja' bags from Boudh area and were
transporting the same to Jharsuguda for selling
purpose. The accused persons were also unable to show
any document, license for transporting of the said
'ganja'. On being weighed 20.450 kg. of 'ganja' was
recovered from the possession of the accused persons.
Hence, this case.
Learned counsel for the petitioner submits that
the petitioner has been in custody since 01.07.2020. He
further submitted that the occurrence took place on
01.07.2020 and charge-sheet in this case submitted on
the same day.
He further submits that the petitioner is in
custody since long and it defeats the purpose of
criminal justice system. In view of the judgment as laid
down in Hussainara Khatoon Vrs. State of Bihar
wherein Hon'ble Supreme Court 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
fundamental right.
Learned counsel for the State vehemently opposed
the bail prayer of the petitioner.
Considering the submissions made, facts and
circumstances of the case, it is directed that the
petitioner be released on bail with some stringent terms
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and conditions as deemed just and proper by the
learned Sessions Judge-cum-Special Judge,
Jharsuguda in the aforesaid case with further
conditions that:-
i) he shall appear before the court below on
each date of posting and
ii) he shall not tamper the evidence of the
prosecution witnesses in any manner.
Violation of any of the conditions shall entail
cancellation of the bail.
The BLAPL is accordingly disposed of.
The petitioner may utilize the soft copy of this
order available in the High Court's website or printout
thereof at par with certified copies in the manner
prescribed, vide Court's Notice No. 4587 dated
25.03.2020.
.............................
S. K. Panigrahi, J.
AKP
