Orissa High Court
Manoj Kumar Tomar vs State Of Odisha .... Opposite Party on 11 December, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12333 of 2022
Manoj Kumar Tomar .... Petitioner
Mr. A.P. Bose, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
11.12.2023
Order No.
08. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in connection with G.R. Case
No.54 of 2020, pending before the Court of the learned Special
Judge-cum-Addl. Sessions Judge, Paralakhemundi, Gajapati arising
out of Mohana P.S. Case No.145 of 2020 for alleged commission
of offences under Sections-20(b)(ii)C/25/29 of NDPS Act.
3. Learned counsel, on instruction, submits that except the
present BLAPL, no other bail application of the Petitioner relating
to the aforementioned P.S. Case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail
U/s.439 Cr.P.C. by the learned Addl. Sessions Judge-cum-Special
Judge, Paralakhemundi by order dated 30.06.2022 in the
aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel that the Petitioner is
in custody since 19.09.2020 on the allegation is that he along with
co-accused are involved in transportation of Ganja to the tune of
605 kg 480 grams.
6. On account of tardy progress in trial, the Petitioner seeks
release. And, to fortify his submission he relies on the judgment of
the Apex Court in the case of Rabi Prakash vs. The State of Odisha
reported in 2023 SCC online SC 1109.
7. Learned counsel for the State opposes the prayer for bail
and submits that taking into account the manner of seizure and the
Petitioner being a flight risk, the bail application is liable to be
rejected. It is further submitted that the judgment of the Apex Court
in the case of Rabi Prakash(Supra) has no application in the factual
matrix of the case at hand.
8. Considering the nature of allegation and keeping in view
the bar contained in under Section-37(1)(b)(ii) of the NDPS Act that
the Petitioner is a flight risk, this Court finds force in the submission
of the learned Public Prosecutor that in the factual background of
the case at hand the order of the Apex Court in the case of Rabi
Prakash(Supra) has no application in the case at hand.
9. Taking into account that the submission of the learned
counsel regarding the procrastination of trial, a report was called
for. Relevant extract of report is culled out hereunder:
"xxx xxx xxx
The Charge Sheet in this case which was
registered on 18.09.2020 was filled before the
Sessions Judge-cum-Special Judge, Gajapati at
Paralakhemundi on 16.03.2021. On the same day,
cognizance of offence U/s 20(b)(ii)(C)/25/29 of
N.D.P.S. Act was taken by the Hon'ble Sessions
Judge-cum-Special Judge. Subsequently, after
supply of copies of police papers to the accused
person, the case record is received on transfer from
the Court of Sessions Judge-cum-Special Judge,
Gajapati, Paralakhemundi in the Court of Addl.
Sessions Judge-cum-Special Judge, Paralakhemundi
on 07.07.2021. After receipt of the case, charges
under above sections of law against the accused
person were framed by this Court on 02.08.2021. As
the accused person pleaded not guilty to the charges
and claimed for trial, at the instance of the
Prosecution through the Ld. Special P.P. who
proposes to examine all the C.S. witnesses
numbering 15 (fifteen), summon were issued to the
witnesses for their evidence. In the mean time,
examination of 04 (four) prosecution witnesses out
of 15 (fifteen) C.S. witnesses has been completed till
date. Now, the case stands posted to 14.12.2023 for
further trial.
It is further submitted that delay in the completion of
trial of this case has occurred due to non attendance
of prosecution witnesses, who all are official
witnesses. Moreover, all efforts would be made to
expedite the disposal of the case as expeditiously as
possible so that approximately six more months are
required to conclude the trial of this case. P.O is on
C.L.
xxx xxx xxx"
10. On perusal of the same, it is seen that out of 15 charge
sheeted witnesses 4 have already been examined and the matter is
posted to 14.12.2023 for further trial and six months time has been
prayed to conclude the same.
11. Considering period of incarceration, learned Court in seisin
is requested to conclude the trial by end of March, 2024. Failing
which, liberty is granted to the Petitioner to renew his prayer before
the learned Court in seisin, which shall be considered on its own
merit.
12. Registry is requested to do the needful.
13. Learned Counsel for the State is requested to ensure the
presence of the witnesses on the date fixed.
14. Copy of this order be made over on the learned counsel for
the State to enable him to do the needful.
15. Accordingly, the BLAPL stands disposed of.
(V. NARASINGH)
Judge
Soumya
Signed by: SOUMYA RANJAN SAMAL
Location: High Court of Orissa
Date: 13-Dec-2023 20:16:18
