Orissa High Court
Bubuna Swain vs State Of Odisha on 9 June, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8453 of 2020
Bubuna Swain .... Petitioner
Mrs. Amit Tripathy, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. S. Mohapatra, Additional Standing Counsel
CORAM:
THE JUSTICE S. K. PANIGRAHI
Order No. ORDER
09.06.2021
04. 1. This matter is taken up by video conferencing mode.
2. Heard, learned counsel for the petitioner and
learned counsel for the State.
3. The petitioner is in custody in connection with
Phiringia PS Case No.13 of 2020 corresponding to CT
Case No.11 of 2020 pending in the court of the learned
Special Judge-cum-District and Sessions Judge,
Phulbani, registered for the alleged commission of offence
under Sections 20(b)(ii)(C), 25 and 29 of the NDPS Act,
has filed this application under Section 439 of CrPC for
his release on bail.
4. The allegation of the prosecution is that one P. Shyam
Sundar Rao, IIC, Phiringia PS on 27.01.2020 at about
6:00 AM received an information from a reliable source
that two persons are in possession of 'ganja' i.e. fruiting
and flowering tops of cannabis plant and transporting
the same in a Swift Desire Car bearing Regd. No. OD-24-
7214 for their wrong full pecuniary gain. Basing on the
reliable information, the IIC, Phiringia Police Station
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entered this fact in the Police Station Diary and copies
thereof were sent to his superior officials. Thereafter, the
IIC along with other police staff proceeded to the spot.
They stopped the said car and found two persons
including the present petitioner were present inside the
car. Upon search, a plastic bag containing 30 kgs. of
contraband 'ganja' was recovered from the dickey of the
said car. Recovered articles were seized in presence of
the Executive Magistrate.
5. Learned counsel for the petitioner submits that the
charge-sheet has already been submitted. The petitioner
has been languishing in jail custody since 27.01.2020.
Learned counsel for the petitioner further submits that
the petitioner is similarly placed with the co-accused,
who has been released on bail vide order dated
22.01.2021
in BLAPL No. 7240 of 2020 passed by this
Court.
6. 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 rendered in Hussainara
Khatoon Vrs. State of Bihar reported in 1979 AIR
1819 wherein Hon'ble 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.
7. Learned counsel for the State vehemently opposed the
bail prayer of the petitioner.
8. Considering the submissions made, facts and
circumstances of the case, it is directed that the
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petitioner be released on bail with some stringent terms
and conditions as deemed just and proper by the learned
Special Judge-cum-District and Sessions Judge,
Phulbani in the aforesaid case with further conditions
that:-
i) he shall appear before the court below on
each date of posting of the case and
ii) he shall not tamper with the prosecution
evidence in any manner.
9. Violation of any of the conditions shall entail
cancellation of the bail.
10. The BLAPL is accordingly disposed of.
11. As the restrictions due to the COVID-19 situation are
continuing, learned counsel for the parties may utilize a
soft copy of this order available in the High Court's
website or print out thereof at par with certified copy in
the manner prescribed, vide Court's Notice No.4587,
dated 25th March 2020.
(S. K. Panigrahi)
Judge
AKP
