Orissa High Court
Tofeek Khan vs State Of Odisha on 3 September, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1769 of 2020
Tofeek Khan .... Petitioner
Mr. Amulya Ratna Panda, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. K. Gaya, Additional Standing Counsel
CORAM:
JUSTICE S. K. PANIGRAHI
ORDER
Order No. 03.09.2021
05. 1. This matter is taken up by virtual/physical mode.
2. Heard, learned counsel for the petitioner and learned
counsel for the State.
3. The petitioner is in custody in connection with
Koraput Sadar PS Case No. 74 of 2018 corresponding
to TR Case No. 25 of 2018 pending in the court of the
learned Additional Sessions Judge-cum-Special Judge,
Koraput, 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 while the
Police were on patrolling duty, they found a truck
bearing Regd. No. OD-05-Q-7597 was coming at a high
speed. Police detained the said vehicle and found some
persons were present in the said truck. On being
searched, the contraband 'ganja' weighing 2809.300
KG was seized from the 'dala' of the said truck.
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5. Learned counsel for the Petitioner submits that the
Petitioner is merely a driver and he was only carrying
out the instructions of vehicle owner. Learned counsel
further submits that the owner of the vehicle, namely,
Vinod Kumar Pandy had been to Rayagada with his
truck and present Petitioner was also called by him to
Rayagada for loading coconut brooms at Kanchili in
Andhra Pradesh on 27.07.2018 and halted in a 'dhaba'
near Srikakulam Toll Gate. On 03.08.2018 one Asif
went there and brought them to Lamataput. The
contraband 'ganja' was loaded in the truck in a nearby
village where it was stocked. The Petitioner has been in
custody since 14.08.2018 but the trial has not yet
commenced. He further submits that the petitioner is
in custody since long without trial which 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. Learned counsel
submits that even though the Petitioner has contended
huge quantity of 'ganja' was loaded without his
knowledge, however, the fact and circumstances of the
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case do not favour the Petitioner. The Petitioner hails
from Madhya Pradesh.
8. Considering the submissions made, facts and
circumstances of the case and taking into account the
period of detention, it is directed that the Petitioner be
released on bail on furnishing bail bond of ₹2,00,000
(Rupees Two Lakh only) with two local solvent sureties
each for the like amount to the satisfaction of the
learned court in seisin over the matter with some
stringent terms and conditions as deemed just and
proper by the court in seisin over the matter 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. This order shall not be treated as precedent to
other case.
12. Urgent certified copy of this order be granted on
proper application.
(S. K. Panigrahi)
Judge
AKP
