Orissa High Court
Brijesh Kumar vs State Of Odisha on 13 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5157 of 2023
Brijesh Kumar .... Petitioner
Mr.D.R.Mishra, Adv.
-versus-
State of Odisha .... Opposite Party
Mr.G.R.Mohapatra,ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 13.07.2023
Dated Police Case No. Sections
F.I.R.
Station and Courts'
No.
Name
61 17.03.2021 Binika Special G.R. Section 20(b)(ii)(C) of the
Case No.07 N.D.P.S. Act.
of 2020
arising out
of Binika
P.S. Case
No.61 of
pending in
the Court of
learned
Addl.
Sessions
Judge-cum-
Special
Judge,
Sonepur
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Jul-2023 18:54:56
// 2 //
02. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
3. The petitioner being in custody in connection with
Binika P.S. Case No. 61 of 2020 corresponding to Special
G.R. Case No. 7 of 2020 pending in the court of learned
Special Judge, Sonepur registered for the alleged
commission of offence under Sections Section 20(b)(ii)(C)
of the NDPS Act has filed this petition for his release on
bail.
4. The brief fact of the case is that on 17.03.2020 on getting
an information regarding transportation of 'Ganja' in a
Hundai Verna car bearing Regd. No.WB-06-9509 the
informant along with his staff proceeded to the spot and
intercepted the alleged vehicle. On frantically search of the
dickey of the car, they recovered contraband 'Ganja'
weighing about 1 quintal 6 Kg. 630 gram. On being asked
neither the driver nor other occupants present therein
could not produce the authenticated documents with
respect to such transportation. Thereafter, after observing
all formalities, they seized the recovered article, arrested
all the accused persons including the present petitioner
and forwarded them to the court for the alleged offence.
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Jul-2023 18:54:56
// 3 //
5. Learned counsel for the petitioner submits that the
petitioner has been implicated in this case based on the
statement of the co-accused. Nothing has been seized from
his conscious possession. He is the sole earning member
of his family. In the event of his release on bail, he shall
abide by any terms and conditions as fixed by the Court..
6. Learned counsel for the petitioner further submits that
the present petitioner has already spent in custody since
18.03.2020 which is more than three years. The trial of the
case has not been commenced. Further, there is less
likelihood of completion of trial in the near future.
Additionally, two co-accused who are similarly situated
with the petitioner have already been released on bail by
orders of this Court on 11.11.2021 and 10.02.2022 in
BLAPL Nos. 6851 of 2021 and 6884 of 2021 respectively.
7. Learned counsel for the State vehemently opposes the
bail prayer of the petitioner.
8. Learned counsel for the petitioner submits that the
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
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Jul-2023 18:54:56
// 4 //
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
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."
9. 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
1981)3 SCC 671
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Jul-2023 18:54:56
// 5 //
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
his right to speedy trial on the ground that he did not ask
for or insist upon a speedy trial.
10. 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.
11. Considering the submissions made and the factum of
release of the co-accused person, this Court is inclined to
release the Petitioner on bail. Accordingly, it is directed
SLP (Crl.) No. 915 of 2023
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Jul-2023 18:54:56
// 6 //
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
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.
12. The BLAPL is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
LB
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 14-Jul-2023 18:54:56
