Orissa High Court
Padlam Kodi vs State Of Odisha on 31 July, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.565 of 2023
Padlam Kodi .... Petitioner
Mr.J.K.Panda, Adv.
-versus-
State of Odisha .... Opposite Party
Mr.G.R.Mohapatra,ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 31.07.2023
Dated Police Case No. Sections
F.I.R.
Station and Courts'
No.
Name
13 20.01.2020 Orkel T.R.Case Section 20(b)(ii)(C) of the
No. 18 of N.D.P.S. Act.
2020 arising
out of Orkel
P.S. Case
No.13 of
pending in
the Court of
learned
Additional
Sessions
Judge-Cum-
Special
Judge,
Malkangiri.
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court,Cuttack
Date: 03-Aug-2023 10:24:10
// 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
Orkel P.S. Case No. 13 of 2020 corresponding to T.R. Case
No.18 of 2020 pending in the court of learned Additional
Sessions Judge-cum-Special Judge, Malkangiri 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. It is alleged in the FIR that while the S.I. of Police of
Orkel P.S. along with his staff was performing evening
patrolling as well as blocking duty on the road connecting
to M.V.51 and Surlokonda Hata, near village M.V.51,
found the petitioner along with others were transporting
contraband 'ganja' in the guise of Kaudia. They
apprehended the present petitioner and other co-accused.
They recovered 40 Kgs.300 gms. of contraband 'ganja'
from the exclusive and conscious possession of the present
petitioner as per weighment chart under Annexure-4 and
forwarded him to the jail custody.
5. Learned counsel for the petitioner submits that the
petitioner has already suffered incarceration since
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court,Cuttack
Date: 03-Aug-2023 10:24:10
// 3 //
20.01.2020 which is more than three years. Although the
trial has been commenced, only five witnesses have been
examined, out of forty witnesses. There is less likelihood of
completion of trial in the near future. In addition,, four co-
accused who are similarly situated with the petitioner
have already been released on bail by orders of this Court
on 03.01.2021 in BLAPL No. 11062 of 2022, 15.05.2023 in
BLAPL No.1488 of 2023, 03.05.2023 in BLAPL No.2041 of
2023, 03.05.2023 in BLAPL No. 1267 of 2023 and
14.07.2023 in BLAPL No.7032 of 2023 respectively.
6. Learned counsel for the State vehemently opposes the
bail prayer of the petitioner. However, he agrees to the
factum of delayed trial and his detention in Police custody
over three years.
7. Learned counsel for the petitioner submits that the
Hon'ble Supreme Court has 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:
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court,Cuttack
Date: 03-Aug-2023 10:24:10
// 4 //
"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."
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 held 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
1981)3 SCC 671
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court,Cuttack
Date: 03-Aug-2023 10:24:10
// 5 //
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.
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 person, 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:
SLP (Crl.) No. 915 of 2023
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court,Cuttack
Date: 03-Aug-2023 10:24:10
// 6 //
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.
11. 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: 03-Aug-2023 10:24:10
