Orissa High Court
Krishna Kant Dwibedi vs State Of Odisha on 4 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11690 of 2023
Krishna Kant Dwibedi .... Petitioner
Sk. Zafarulla, Adv.
-versus-
State of Odisha .... Opposite Party
Mr.G.R.Mohapatra,ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 04.07.2023
Dated Police Case No. Sections
F.I.R.
Stationand Courts'
No.
Name
222 15.07.2020 Koraput T.R.Case Section 20(b)(ii)(C) of the
Town No.41 of N.D.P.S. Act.
pending in
the court of
learned
Additional
Sessions
Judge-cum-
Special
Judge,
Koraput
03. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
Signature Not Verified
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2023 12:15:03
// 2 //
3. The petitioner being in custody in connection with
Koraput Town P.S. Case No.222 of 2020 corresponding to
T.R. Case No.41 of 2020 pending in the Court of learned
Additional Sessions Judge-cum-Special Judge, Koraput
registered for the alleged commission of offence under
Section 20(b)(ii)(C) of the NDPS Act has filed this petition
for his release on bail.
4. The prosecution allegation in brief is that on 14.07.2020
while the informant along with other police staffs were
performing patrolling duty near Govt. College, Koraput,
they found one Truck bearing Regd. No. OD-18TS-0188
being driven by the petitioner coming from Pattangi side.
On suspicious they detained the said truck. On search
they found contraband ganja weighing about 311 Kgs. 400
grams to have been kept in numbers of bags was
recovered . Due to failure on production of authenticated
documents with respect to such transportation, it was
seized. Thereafter, the contraband article was seized. After
observing all formalities, all the accused persons including
the petitioner were arrested and forwarded them to the
court.
5. Learned counsel for the petitioner submits that the
petitioner is a driver of commercial vehicle by profession.
As per instruction of his owner he was driving the truck.
Signature Not Verified
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2023 12:15:03
// 3 //
Further, it is submitted that the petitioner had no
knowledge regarding the contents of the goods. He was
supposed to transport the loaded material in the vehicle as
per the instruction of the owner of the vehicle. The
petitioner has been languishing in custody since 15.07.2020
which is around three years. In the event of granting bail,
there is no chance of absconding or tampering evidence.
6. Per contra, learned counsel for the State opposes the
bail plea of the petitioner with the submission that the
present petitioner being an outsider of the State, the
likelihood of his abscondance cannot be ruled out. Hence,
some stringent conditions may be imposed in the event of
his release on bail.
7. Hon'ble Supreme Court have 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 emphasized
in the case of Hussainara Khatoon & Ors. vs Home
Secretary, State of Bihar, 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
Signature Not Verified
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2023 12:15:03
// 4 //
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. He further argues that the period of long incarceration
suffered, which entitle the Petitioner for grant of bail.
Right to Speedy trial is a fundamental right of an under
trial prisoner and this observations have been resonated,
time and again, in several judgments including that of
Kadra Pahadiya & Ors. v. State of Bihar1 wherein it has
been stated that the obligation of the State or the
complainant, as the case may be, to proceed with the case
with reasonable promptitude. Particularly, in a country
like ours, where the large majority of the accused come
from poorer and weaker sections of the society and are not
versed with laws and after face the dearth of competent
legal advice, the application of the said NDPS Rule is
wholly inadvisable. Of course, in a given case, if an
accused demands speedy trial and yet he is not given one,
may be a relevant factor in his favour. But an accused
cannot be disentitled from complaining of infringement of
1981)3 SCC 671
Signature Not Verified
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2023 12:15:03
// 5 //
his right to speedy trial on the ground that he did not ask
for or insist upon a speedy trial.
9. The Supreme Court has also held in Mohd. Muslim @
Hussain v. State (NCT of Delhi)2 that incarceration has
further deleterious effects where the accused belongs to
the weakest economic strata: immediate loss of livelihood,
and in several cases, scattering of families as well as loss of
family bonds and alienation from society. The courts
therefore, have to be sensitive to these aspects (because in
the event of an acquittal, the loss to the accused is
irreparable), and ensure that trials - especially in cases,
where special laws enact stringent provisions, are taken up
and concluded speedily.
10. Without going into the merits of the matter at this
stage and based on the facts and circumstances of the case
as well as period of detention of the petitioner in custody
without trial, it is directed that let the petitioner be
released on bail in the aforesaid case by furnishing cash
security/property security of Rs. 2,00,000/- (Rupees two
lakhs) besides a bond of Rs.50,000/- with two local sureties
each of the like amount to the satisfaction of the learned
court in seisin over the matter with further conditions that
SLP (Crl.) No. 915 of 2023
Signature Not Verified
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2023 12:15:03
// 6 //
i. he shall appear before the learned
trial court on each date of posting of
the case;
ii. the petitioner shall not indulge
himself in any criminal activity in
future;
iii. the petitioner shall not tamper the
evidence of the prosecution witnesses
in any manner;
Violation of any of the conditions shall entail cancellation
of the bail.
11. Accordingly, the BLAPL stands allowed.
(Dr. S.K. Panigrahi)
Judge
LB
Signature Not Verified
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 07-Jul-2023 12:15:03
