Sami Ullaha Siddiqui vs State Of Odisha
2023 Latest Caselaw 14860 Ori

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 BLAPL No.8760 of 2023
                                  Sami Ullaha Siddiqui       ....               Petitioner
                                                                    Mr. T.N. Murty, Adv.
                                                        -versus-
                                  State of Odisha            ....          Opposite Party
                                                        Mr.Gyana Ranjan Mohapatra, ASC

                                           CORAM:
                                           DR.JUSTICE S.K. PANIGRAHI

                     Order                                  ORDER
                     No.                                   17.11.2023

                                  Dated     PoliceCase No.             Sections
                 F.I.R.
                                                and Courts'
                                            Station
                  No.
                                                   Name
                 0222        15.07.2020 Koraput T.R. No.41 Section 20(b)(ii)(C) of the
                                        Town    of      2020 N.D.P.S. Act.
                                                pending in
                                                the court of
                                                learned
                                                Addl.
                                                Sessions
                                                Judge-cum-
                                                Special
                                                Judge,
                                                Koraput

02. 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: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

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3. The Petitioner being in custody in connection with

Koraput Towan P.S. Case No.222 corresponding to T.R.

No.41/2020 pending in the court of learned Addl. Sessions

Judge-cum-Special Judge, Koraput, registered for the

alleged commission of offences under Sections 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 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 suspicion

they detained the said truck. On search they found

contraband ganja weighing about 311 Kgs. 400 grams,

which had been kept in numbers of bags and the same 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 to the court.

5. Learned counsel for the Petitioner submits that all the

allegations levelled against the present Petitioner in the

F.I.R. are false and frivolous. There is even no concrete Signature Not Verified Digitally Signed material available against the Petitioner to connect him in Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

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the aforesaid offences. He further submits that there is also

no prima facie case to entangle the Petitioner in the alleged

commission of offences. The Petitioner is languishing in

custody since 15.07.2020.

6. Learned counsel for the Petitioner further submits that

the co-accused person has been released on bail by this

Court vide order dated 04.07.2023 passed in BLAPL

No.11690 of 2022.

7. Learned counsel for the State vehemently opposes the

bail prayer of the Petitioner.

8. The 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 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 Signature Not Verified of speedy trial to the accused on the ground that the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

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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

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.

Signature Not Verified

Signed by: AYASKANTA JENA 1981)3 SCC 671 Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

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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 by the learned

counsel for the parties and the factum of release of the co-

accused person on bail, 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. he shall appear before the learned trial court on each date of posting of the case; ii. the Petitioner shall not indulge in any criminal activity in future;

iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner;

Signature Not Verified

Signed by: AYASKANTA JENA SLP (Crl.) No. 915 of 2023 Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

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Violation of any of the above conditions shall entail

cancellation of the bail.

12. The BLAPL is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Ayaskanta

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa