Orissa High Court
Gopi Mandal vs State Of Odisha on 19 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.858 of 2023
Gopi Mandal .... Petitioner
Mr. Jugala Kishore Panda,
Advocate.
-versus-
State of Odisha .... Opp. Party
Mr. G.R. Mohapatra,
Additional Standing Counsel.
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 19.04.2023
F.I.R. Dated Police Station Case No. and Sections
No. Courts' Name
24 10.09.2020
Mudulipada T.R. No.95 of 2020 20(b)(ii)(C)/ 25 of
pending in the the NDPS Act.
court of Addl.
Sessions Judge-
cum-Special Judge,
Malkangiri
02. 1. This matter is taken up by virtual/physical mode.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
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3. The Petitioner being in custody in connection with
Mudulipada P.S. Case No.24 of 2020 corresponding to
T.R. Case No.95 of 2020, pending in the court of the
learned Additional Sessions Judge-cum- Special Judge,
Malkangiri, registered for the alleged commission of
offences under Sections 20(b)(ii)(C)/ 25 of the NDPS Act,
has filed this application under Section 439 of Cr.P.C. for
his release on bail.
4. The facts of the case, in brief, is that on 09.09.2020 at
about 11.05 P.M while S.I of Police, Mudulipada Police
Station along with his staff were performing night
patrolling duty at Podaghat Chowk under Mudulipada
Police Station area, one four wheeler and one motor cycle
came fast back to back from Balimela side. Suspecting the
four wheeler and motor cycle they detained. The motor
cycle was coming ahead of the car. On detention, it is
found that the four wheeler was silver color Maruti
Suzuki Wagonr bearing registration number WB-06B-
5422. One person was driving the said Maruti Suzuki
Wagoner and another three persons were sitting inside
the car and four numbers of plastic sack contained with
something were kept in the backside rear sheet of the said
Maruti Suzuki Wagoner car. The motor cycle was Hero
// 3 //
Honda Super Splendor bearing Regd. No.OR-02-A-3506
sitting by two persons one was rider and another was
pillion rider. Pungent smell of ganja was coming out from
such plastic sacks. When they were asked about the
plastic sacks and their purpose of journey towards
Jeypore, they fumbled to answer and could not give any
satisfactory answer. Later on, they confessed that there
was Ganja inside the said plastic sacks kept inside the car.
After interrogation they disclosed their names and
addresses as (1) Saheb Mandal (22), S/o- Sachindranath
Mandal (2) Tapas Mandal (29), S/O- Jitendranath Mandal,
both are of village Barudanga, P.S.- Raninagar, (3) Gopi
Mandal (42), S/O- late Gurupada Mandal of village
Sahebnagar, P.S.- Raninagar, (4) Madhab Mandal (35),
S/O- Ranu Mandal of village Nashipur, P.S.-
Murshidabad, (5) Bhabesh Mandal (28), S/O- Niren
Mandal of village Char Daulatpur, P.S.- Islampur, all are
of the District of Murshidabad, in the State of West
Bengal and (6) Laikhan Muduli (35), S/O- late Ghasi
Muduli of village Dandarbade, P.S.- Chitrakonda,
District- Malkangiri, Odisha. The team recovered and
seized 151 Kgs. of Ganja. On the basis of the report
lodged by the informant namely Kandagori Sangara,
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Mudulipada P.S No.24 of 2020 was registered for the
alleged offences under Sections 20 (b) (ii) (C)/ 25 of the
N.D.P.S. Act against the accused persons.
5. Learned counsel for the Petitioner submits that the
Petitioner is in custody since 10.09.2020. He further
submits that charge-sheet in this case has already been
filed. In the meantime, co-accused Bhabesh Mandal has
been released on bail vide order dated 09.08.2021 passed
in BLAPL No.8784 of 2020 and co-accused Laikhan
Muduli has been released on bail vide order dated
24.11.2021 passed in BLAPL No.6472 of 2021 by this
Court. He further submits that there is no material
against the present Petitioner to implicate him in the
present case. Moreover, there is no possibility of
tampering with the prosecution witnesses by the
Petitioner in case of his release on bail.
6. Learned counsel for the State vehemently opposes the
prayer for bail of the Petitioner.
7. 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. The importance of speedy trial has been
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emphasized in the case of Hussainara Khatoon & Ors. vs
Home Secretary, State of Bihar1, wherein the Hon'ble
Supreme Court has iterated that:
"Speedy trial is, as held by us in our earlier
judgment dated 26th February, 1979, an essential
ingredient of 'reasonable, fair and just' procedure
guaranteed by Article 21 and it is the
constitutional obligation of the State to device
such a procedure as would ensure speedy trial to
the accused. The State cannot be permitted to
deny the constitutional right of speedy trial to the
accused on the ground that the State has no
adequate financial resources to incur the
necessary expenditure needed for improving the
administrative and judicial apparatus with a view
to ensuring speedy trial."
8. Considering the submissions made, facts and
circumstances and the factum of release of the co-accused
persons on bail and the length of detention of the
Petitioner, this Court is inclined to release the Petitioner
on bail. Accordingly, it is directed that the court in seisin
over the matter shall release the Petitioner on bail in
connection with the above noted case on furnishing bail
bond of Rs.2,00,000/- (Rupees two lakhs only) with two
solvent sureties each for the like amount to the
satisfaction of the learned court in seisin over the matter
1979 AIR 1369.
// 6 //
with stringent terms and conditions with further
conditions that:-
i. the Petitioner shall appear before the learned
trial court on each date of posting of the case;
ii. he shall not indulge in similar activities in
future; and
iii. he shall not tamper the evidence of the
prosecution witnesses in any manner.
9. Violation of any of the conditions shall entail
cancellation of the bail.
10. The BLAPL is, accordingly, disposed of.
11. Urgent certified copy of this order be granted on
proper application.
(Dr. S.K. Panigrahi)
Judge
amit
