Orissa High Court
Gopal Mallik vs State Of Orissa .... Opposite Party on 1 August, 2024
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3761 of 2024
Gopal Mallik .... Petitioner
Mr. M.R. Badajena, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. S.K Nayak, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
01.08.2024
Order No.
04. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection
with Spl. (NDPS) Case No.78 of 2023 pending on the
file of learned District and Sessions Judge, Boudh,
arising out of Boudh P.S. Case No.117 of 2023 for
commission of offence alleged under Sections-
20(b)(ii)(C)/29 of NDPS Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
4. Being aggrieved by the rejection of his
application for bail U/s.439 Cr.P.C. by the learned
Special Judge, Boudh by order dated 12.01.2024 in
the aforementioned case, the present BLAPL has been
filed.
5. This is the third journey of the Petitioner to
this Court. Earlier the bail application of the Petitioner
was rejected by order dated 30.06.2023 in BLAPL
No.6947 of 2023 since the same was during currency
of investigation. Thereafter, the Petitioner moved this
Court in BLAPL No. 11091 of 2023 which was rejected
by order dated 12.10.2023 since there is no change
in circumstance.
6. It is stated by the learned counsel that the
Petitioner is in custody since 28.02.2023 on the
accusation of possessing contraband to the tune of
144 kgs (Ganja).
7. It is submitted by the learned counsel that
since the charge sheet has been filed on 09.08.2023
and prosecution has cited as seven witnesses.
8. The learned counsel for the Petitioner seeks
his release, on the ground of procrastination of trial
and as he is the first offender.
9. Learned counsel for the State opposes the
prayer and submits that the contraband was seized
from the house of the Petitioner and in view of the
bar contained in Section 37(1)(b)(ii) of NDPS Act,
Petitioner ought not to be released on bail. He also
relies on the judgment of the Apex Court in the case
of State by the Inspector of Police vs. B. Ramu in
SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024.
10. Considering the submission regarding
procrastination of trial, a report was called from the
learned Court in seisin. Such report reads as under:
"xxx xxx xxx
In Special Case No. 78/2023 (NDPS) is arising out
of Boudh P.S Case No. 117, dated 28.02.2023, which was
registered for alleged commission of the offences
punishable u/s 20 (b) (ii) (C)/29 of NDPS Act against the
accused persons namely Gopal Mallick & Radhu Mallick
cognizance was taken on 25.08.2023 for the aforesaid
offence against them by the learned Special Judge,
Boudh. Meanwhile the case record was
split up against the accused Gopal Mallick on dated
07.05.2024.
The case record is received on transfer from the
Special Judge, Boudh on 07.05.2024 for disposal in
accordance with law. Charge has been framed against the
accused namely Gopal Mallick on dated 24.06.2024 for
the offence punishable U/s 20(b) (ii) (C)/29 of NDPS Act.
Now the case posted for evidence.
xxx xxx xxx"
11. On perusal of the same, it is seen that the trial
has not progressed beyond the stage of framing of
charge.
12. Learned counsel for the Petitioner relying on
the judgment of the Apex Court in the case of Rabi
Prakash vrs. The State of Odisha, reported in
2023 SCC online SC 1109 and in the case of Mohd.
Muslim @ Hussain Vs. State(NCT of Delhi)
reported in AIR 2023 SC 1648, submits that the
Petitioner's right to speedy trial is being violated and
as he is the first offender, he may be released on
bail.
13. Such submission is opposed by the learned
counsel for the State reiterating the stand as noted
hereinabove.
14. Considering that the Petitioner is the first
offender and the snail's pace at which the trial has
progressed, and he is in custody for more than one
year & five months, this Court directs the Petitioner to
be released on bail on such terms to be fixed by the
learned Court in seisin subject to verification of
criminal antecedent.
15. If it comes to fore that the Petitioner has
criminal antecedent of any nature, this order shall not
be given effect to.
16. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
once every month on such date and time to be fixed
by the learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
17. Accordingly, the BLAPL stands disposed of.
18. Urgent certified copy of this order be granted
as Verified
Signature Not per the rules.
Digitally Signed
Signed by: SOUMYA RANJAN SAMAL
(V. NARASINGH)
Reason: Authentication
Location: High Court of Orissa
Judge
Soumya
Date: 03-Aug-2024 12:49:10
