Orissa High Court
CRLA/453/2018 on 9 June, 2021
CRLA NO.453 OF 2018
I.A. NO.1105 OF 2018
15. 09.06.2021: This matter is taken up by video conferencing mode.
The Appellants by filing this appeal have challenged the
judgment of conviction and order of sentence passed by the
learned 2nd Additional District Judge-cum-Special Judge, Puri
in T.R. Case No. 11-126 of 2017.
The Trial Court has convicted the Appellants for
commission of offence under section 20(b)(ii)(C) of the NDPS
Act for being in possession of commercial quantity of 40 kgs of
Ganja and 40 quintals of Bhang. Accordingly, each has been
sentenced to undergo rigorous imprisonment of a term of ten
years and pay a fine of Rs.1.00 lakh with default stipulation of
undergoing rigorous imprisonment of one year for the offence
under section 20(b)(ii)(C) of NDPS Act and rigorous
imprisonment for a period of three years and fine of Rs.20,000/-
each in default to undergo rigorous imprisonment for three
years for the offence under section 47(a) of Bihar & Orissa
Excise (Orissa Amendment) Act, 2006 which are run
concurrently.
Learned counsel for the Appellants submits that these
Appellants being arrested in the case since 07.11.2016 have
been languishing in jail for more than four and half years.
Placing the depositions of the witnesses examined in the trial,
he submits that there is every chance of success in Appeal as the
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violation of the mandatory provisions of law clearly comes to
surface. He further submits that for such long detention of the
Appellants in custody, besides suffering caused to them their
family members have been facing a lot of problem in running
their living especially during this long period due to Pandemic
Covid-19. It is his submission that in view of the long period of
detention of the Appellants in custody and the suffering caused
to them, their detention till disposal of the Appeal which is not
expected under the situation to be so soon, would serve no
useful purpose particularly when there remains no scope on the
part of the Appellants to flee from justice: He, therefore, prays
for suspension of the execution of the custodial sentence
imposed upon the Appellants and grant of bail to them pending
disposal of the appeal.
Learned counsel for the State submits that the evidence
on record being re-appreciated from all angles provide full
justification in favour of confirmation of guilt recorded against
the Appellants. He further submits that the contention as to the
violation of mandatory law have been well discussed and
repelled by the Trial Court. He however does not dispute the
position that the Appellants are in custody since 7.11.2016.
Considering the submission made and further keeping in
view the long period of detention of the Appellants in custody
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and other surrounding circumstances; it is ordered that let there
be suspension of execution of the sentence as imposed by the
Trial Court upon the Appellants pending disposal of this
Appeal. Accordingly, it is further directed that the Appellants
be released on bail on such terms and conditions as would be
deemed just and proper by the Trial Court with further
condition that they shall not leave the jurisdiction of the Trial
Court at a stretch more than three days without prior permission
of the said Court.
The I.A. is accordingly disposed of.
..........................
D. Dash, J.
CRLA NO. 453 OF 2018
16. 09.06.2021: List this matter after six weeks.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
utilize a printout of the order available in the High Court's
website, at par with certified copy, subject to attestation by the
concerned advocate, in the manner prescribed, vide Court's
Notice No.4587, dated 25th March, 2020 as modified by Court's
Notice No.4798 dated 15th April, 2021.
..........................
D. Dash, J.
Aks
