Jayaram Khada vs Unknown
2023 Latest Caselaw 5602 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             BLAPL No.367 of 2023

          Jayaram Khada                          ....           Petitioner

                                           Mr.Digambar Sethi, Advocate

                                     -versus-
          State of Odisha                       ....          Opp.Party
                                                   Mr. G.R. Mohapatra,
                                           Additional Standing Counsel.



                   CORAM:
                   DR.JUSTICE S.K. PANIGRAHI

  Order                                ORDER
  No.                                 10.05.2023

F.I.R.   Dated     Police      Case No. and                Sections
 No.               Station    Courts' Name
145    04.08.2020

Jeypore T.R Case No.44 20(b)(ii)(C) of NDPS Act.

                  Sadar      of 2020 pending
                  P.S        in the court of
                             Addl.Sessions
                             Judge-cum-
                             Special Judge,
                             Koraput,Jeypore

03. 1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the petitioner and learned

counsel for the State.

// 2 //

3. The petitioner is an accused in T.R. Case No.44 of 2020

arising out of Jeypore Sadar P.S.Case No.145 of 2020

pending before the learned Additional Sessions Judge-

cum- Special Judge, Koraput, Jeypore registered for

commission of offence under Section 20(b)(ii)(C) of

N.D.P.S. Act.

4. Brief fact of the case is that on 04.08.2020 the S.I. of

Police Jeypore Sadar P.S. along with his staff on getting

an information from a reliable source proceeded towards

Satiguda bridge and noticed a Container Vehicle bearing

registration No. RJ-14GK- 5671, coming towards Jeypore

Town side. On seeing the said vehicle, they detained it

and found seven occupants inside the said vehicle. On

being searched of the said Container Vehicle they

recovered 93 numbers of bundles containing contraband

ganja weighing about 484 Kgs of 200 grams. Thereafter,

they seized the same including other incriminating

materials and accused was forwarded to the Court.

5. Learned counsel for the petitioner submits that the

petitioner was the chance occupant in the alleged vehicle.

Nothing has been seized from his exclusive possession.

He is a labourer. To reach his destination he was

travelling in the said vehicle wherefrom the contraband

articles were seized. He had now knowledge about the // 3 //

loading of contraband material in the vehicle. It is further

submitted that the trial has not been completed as yet.

The Petitioner is in custody since 04.08.2020 which is

more than two and half years.

6. 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:

"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."

7. Without going into the merit of the case and

considering the submissions made coupled with the // 4 //

length of detention of the Petitioner in custody since

04.08.2020 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 criminal offence while on bail and iii. he shall not tamper the evidence of the prosecution witnesses in any manner.

` Violation of any of the conditions shall entail cancellation of the bail.

8. The BLAPL is, accordingly, disposed of.

9. Urgent certified copy of this order be granted on

proper application.

(Dr. S.K. Panigrahi) LINGARA Digitally signed by LINGARAJ BEHERA Judge J BEHERA 17:36:01 +05'30' Date: 2023.05.12

LB