Orissa High Court
Senapati Digal vs State Of Odisha on 5 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5974 of 2023
Senapati Digal .... Petitioner
Mr.R.C.Maharana, Adv
.
-versus-
State of Odisha .... Opposite Party
Mr.G.R.Mohapatra,ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 05.07.2023
Dated PoliceCase No. Sections
F.I.R.
Station
and Courts'
No.
Name
25 14.03.2021 Phulbani C.T. Case Section 20(b)(ii)(C)/25/29 of
Sadar No.23 of the N.D.P.S. Act.
pending in
the court of
learned
Sessions
Judge,
Kandhamal,
Phulbani
01. 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
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 07-Jul-2023 12:17:22
// 2 //
3. The petitioner being in custody in connection with
Phulbani Sadar P.S. Case No. 25 of 2021 corresponding to
C.T. Case No.23 of 2021 pending in the Court of learned
Sessions Judge-cum-Special Judge, Kandhamal, Phulbani
registered for the alleged commission of offence under
Section 20(b)(ii)(C)/25 and 29 of the NDPS Act has filed
this petition for his release on bail.
4. The prosecution allegation in brief is that on 14.03.2021
when the informant along with his staffs were performing
patrolling duty received information from credible sources
that 8 to 9 persons were in possession of huge quantity of
Ganja near Sarsada Chhaka. On such information, the
informant along with his staffs reached at the spot and
found seven numbers of big plastic bags containing Ganja
to have been kept on the road side and nine persons were
there. On weighing, it was found that all the seven packets
contained Ganja of 360 Kg and 300 grams. 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 daily labourer. He has been arrayed as an
accused being present at the spot. He had no knowledge
Signature Not Verified
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 07-Jul-2023 12:17:22
// 3 //
regarding contraband articles. Though some of the
witnesses have been examined including seizure witness,
they have not deposed any incriminating materials against
the petitioner to have possessed such contraband article.
The petitioner is languishing in custody since 15.03.2021
which is more than two years. Further, it is submitted that
some of the co-accused who are similarly situated with the
petitioner have already been released on bail by order of
this Court on 06.03.2023 in BLAPL Nos.7256 of 2022, 7080
of 2022, 10789 of 2022 and 12522 of 2022 respectively.
6. Learned counsel for the State vehemently opposes the
bail prayer of the petitioner.
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
obligation of the State to device such a procedure as
Signature Not Verified
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 07-Jul-2023 12:17:22
// 4 //
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 to 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 a speedy trial and yet he is not given
one, this may be a relevant factor in his favour. But an
accused cannot be disentitled from complaining of
1981)3 SCC 671
Signature Not Verified
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 07-Jul-2023 12:17:22
// 5 //
infringement of 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. Considering the submissions made and the factum of
release of the co-accused persons, 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 the aforesaid case on 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 any criminal
offence while on bail and
SLP (Crl.) No. 915 of 2023
Signature Not Verified
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 07-Jul-2023 12:17:22
// 6 //
iii. he shall not tamper with the evidence of
the prosecution witnesses in any
manner.
Violation of any of the conditions shall entail cancellation
of the bail.
11. The BLAPL is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
LB
Signature Not Verified
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 07-Jul-2023 12:17:22
