Orissa High Court
Surendra Prasad vs The State Of Odisha on 6 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9587 of 2022
Surendra Prasad .... Petitioner
Mr. R.L. Pattnaik, Advocate
-versus-
The State of Odisha .... Opposite Party
Mr. P.C. .Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 06.04.2023
05. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner and learned Additional
Standing Counsel appearing for the State-Opposite Party. Perused the
Case Dairy as well as the other relevant matters placed before this
Court for consideration.
3. This is an application under Section 439 of the Criminal
Procedure Code.
4. The Petitioner is an accused in T.R. Case No.01 of 2021, arising
out of Jeypore Sadar P.S. Case No.1 of 2021, pending in the court of
Sessions Judge-cum-Special Judge, Koraput at Jeypore for commission
of offence punishable under Section 20(b)(ii)(C) of the N.D.P.S. Act.
5. It is submitted by the learned counsel for the Petitioner that the
Petitioner is in custody since 01.01.2021, i.e., from the date on which
he was arrested from the spot while he was sitting as a co-passenger in
the truck on which the contraband articles were seized. He further
contended by the learned counsel for the Petitioner that although the
Petitioner is in custody for more than two years, the trial has not
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commenced in the meantime. Co-accused, namely, Badal Kumar, who
is a minor, has been released on bail in the meantime. Learned counsel
for the Petitioner further contended that the Petitioner does not have
similar criminal antecedent. He further contended that the quantity of
101 Kg. of Ganja was seized from the truck in which the Petitioner was
travelling as a co-passenger. He also contended that in the event the
Petitioner is released on bail, he shall abide by any terms and
conditions imposed by this Court and shall cooperate with the trial on
each date fixed.
6. Learned Additional Standing Counsel appearing for the State-
Opposite Party, on the other hand, opposed the release of the Petitioner
on bail mainly on the ground that the quantity of contraband Ganja
seized, i.e., 101 Kg., which is more than commercial quantity.
Therefore, he submitted that the bar under Section 37 of the N.D.P.S.
Act is attracted to the facts of the present case. In such view of the
matter, learned Additional Standing Counsel submitted that the bail
application of the Petitioner be rejected at this juncture, otherwise the
release of the Petitioner would adversely affect the trial and the trial
may not be concluded expeditiously.
7. On a careful consideration of the contentions raised by the
learned counsel for the respective parties, this Court found that
although the Petitioner is in custody since 01.01.2021, unfortunately
the trial has not commenced yet. Therefore, there is least possibility of
early conclusion of the trial. In this context, learned counsel for the
Petitioner referred to the judgments of the Hon'ble Supreme Court in
the cases of Mohd. Muslim alias Hussain v. State (NCT of Delhi),
reported in 2023 SCC OnLine SC 352; and Hussainara Khatoon and
Others (1) v. Home Secretary, State of Bihar, reported in (1980) 1
SCC 81. By referring to the aforesaid judgments, learned counsel for
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the Petitioner submitted that the bar under Section 37 of the N.D.P.S.
Act would not be attracted where the trial is prolonged unnecessary. On
careful consideration of the judgments referred to by the learned
counsel for the Petitioner, this Court is of the considered view that the
law laid down by the Hon'ble Supreme Court would apply to the facts
of the present case.
8. In view of the aforesaid analysis of the facts as well as the law
laid down by the Hon'ble Supreme Court in the cases of Mohd.
Muslim alias Hussain v. State (NCT of Delhi), reported in 2023 SCC
OnLine SC 352; and Hussainara Khatoon and Others (1) v. Home
Secretary, State of Bihar, reported in (1980) 1 SCC 81, this Court is
inclined to release the Petitioner on bail.
9. Hence, it is directed that let the Petitioner be released on bail on
furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with two
local solvent sureties each for the like amount to the satisfaction of the
Court in seisin over the matter. The release of the Petitioner shall also
be the following terms and conditions:-
I. The Petitioner shall not be involved in any offence
of similar nature;
II. he shall not tamper with the prosecution evidence
or try to threaten or influence the witnesses in any
manner whatsoever;
III. he shall not make any default in attending the court
during trial;
IV. he shall appear before the concerned Police Station
once in a month preferably on 'Sunday' in between
10.00 A.M. to 1.00 P.M. till conclusion of trial;
and
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V. he shall not leave the jurisdiction of the Court in
seisin over the matter and shall furnish his address
and mobile number to the police from time to time.
Violation of any of the terms and conditions shall entail
cancellation of bail.
10. It is open for the court in seisin over the matter to impose any
other conditions as may be deemed just and proper.
11. It is further directed that the bail granted to the Petitioner is
subject to the condition that learned court below shall verify whether
the Petitioner has any criminal antecedents of similar nature. In the
event it is found that the Petitioner has any criminal antecedent, this
bail order shall automatically stand revoked.
12. It is made clear that if the Petitioner fails to attend the court on
the date fixed on a single occasion, this order shall stand automatically
revoked and the learned court below is at liberty to issue N.B.W.
against the petitioner forthwith.
13. The Bail Application is, accordingly, disposed of.
( A.K. Mohapatra )
Judge
Debasis
