Orissa High Court
Ranadeep Singh @ Randeep vs State Of Odisha .... Opposite Party on 12 December, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 84 of 2023
Ranadeep Singh @ Randeep .... Petitioner
Singh
Mr. S. Dasmohapatra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
12.12.2023
Order No.
10. 1. Heard learned counsel for the Petitioner and learned
counsel for the State.
2. The Petitioner is an accused in connection with T.R. Case
No.64 of 2020, pending before the Court of the learned Addl.
Sessions Judge-Cum-Special Judge, Koraput, arising out of
Nandapur P.S. Case No.75 of 2020, for alleged commission of
offences under Sections-20(b)(ii)C 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, Koraput by order dated 27.07.2022 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 08.10.2020. The allegation is that he along with co-
accused are involved in transportation of ganja to the tune of 596 kg
900 grams.
6. It is submitted by the learned counsel for the Petitioner
because of procrastination of trial, the Petitioner seeks release and
to fortify the submissions, he relies on the judgment of the Apex
Court in the case of Hussainara Khatoon & others vrs. State of
Bihar, reported in (1980) 1 SCC 81 and also order of the Apex Court
SLP(Crl.) No. 3133 of 2022, dated 22.08.2022 and order of Co-
ordinate Bench in this Court dated 12.10.2023 in BLAPL No.8398
of 2022.
7. Learned counsel for the State opposes the prayer for bail in
view of bar in Section 37(1)(b)(ii) of the NDPS Act and submits
that the seizure of quantity of contraband prima facie point to the
guilt of the Petitioner and it is further stated that since the Petitioner
being a flight risk, he ought not to be released on bail.
8. It is submitted by the learned counsel that the Petitioner is
the first offender.
9. There is no cavil about the judgment of the Apex Court in
the case of Hussainara Khatoon & others vrs. State of Bihar,
reported in (1980) 1 SCC 81.
10. Right to speedy trial is an essence of criminal justice and
delay in trial itself is construed as an infringement of Article- 21.
The same has to be applied in the factual matrix of each case and
cannot have universal application bereft of the nature of the
allegation.
11. The order of the Apex Court relied upon by the learned
counsel for the Petitioner has no application in the case at hand in as
much as in the said case what weighed with the Hon'ble Supreme
Court that the trial has not commenced.
12. The order of the Co-ordinate Bench of this Court is also no
assistance with the Petitioner since it has been noted therein that the
trial has not commenced in the said case.
13. Considering the grievance of the Petitioner that the trial is
not progressing, a report was called for from the learned Court in
seisin. The said report reads as under:
"xxx xxx xxx
In compliance of the order of Hon'ble Court vide Order
No. 09 dated: 23.11.2023 passed in BLAPL No. 84 of
2023 (Ranadeep Singh @ Randeep Singh -Vrs- State of
Odisha), arising out of T.R. case No. 64/2020
corresponding to Nandapur P.S. case No 75 dated
08.10.2020 this is to submit that out of 18 charge sheeted
witnesses 05 nos of witnesses have been examined till
today. Now the case stands posted to 13.12.2023 for trial.
It is humbly submitted that this Court remained vacant
for about one month after the superannuation of the Ex-
Additional Sessions Judge - cum- Special Judge, under the
NDPS Act, Koraput, Mr. Mahalat Sa, for which no
substantial progress in trial has been made in the mean
time. The undersigned shall strive hard to dispose of the
case by May 2024.
xxx xxx xxx"
14. This Court went through the deposition of the witnesses.
Considering the quantity of contraband seized, the nature of the
seizure and the report of the learned Court in seisin that the trial is
likely to be concluded by end of May 2024, this Court is not
inclined to entertain the bail application at this stage.
15. Liberty is granted to the Petitioner to renew his prayer, in
the event the trial is not concluded by the said date.
16. Learned Counsel for the State is requested to ensure the
presence of the witnesses on the date fixed. In fact it is borne out
from the report extracted hereinabove, that the trial is posted to
tomorrow (13.12.2023).
17. Registry is requested to do the needful.
18. Copy of this order be made over on the learned counsel for
the State to enable him to do the needful.
19. Accordingly, the BLAPL stands disposed of.
(V. NARASINGH)
Judge
Soumya
Signed by: SOUMYA RANJAN SAMAL
Location: High Court of Orissa
Date: 14-Dec-2023 18:46:50
