Orissa High Court
Md. Afsar @ Maggi vs State Of Odisha .... Opposite Party(S) on 15 May, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2304 of 2025
Md. Afsar @ Maggi .... Petitioner(s)
Mr. Arun Kumar Budhia, Adv.
Mr. Soumya Ranjan Das, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Miss Gayatri Patra, ASC
CORAM:
HON'BLE DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 15.05.2025
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
355 10.09.2022 Plant Plantsite P.S. Case Sections 21(C) and 25
Site No.355 of 2022 of the N.D.P.S Act.
corresponding to
Spl. G.R. Case
No.43/20 of 2022-23
pending in the
Court of learned 2nd
Additional Sessions
Judge, Rourkela
01. 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
Plantsite P.S. Case No.355 of 2022 corresponding to Spl.
G.R. Case No.43/20 of 2022-23 pending in the Court of
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
learned 2nd Additional Sessions Judge, Rourkela registered
Location: High Court of Orissa
Date: 28-May-2025 12:26:48
Page 1 of 6
for the alleged commission of offence under Sections 21(C)
and 25 of the N.D.P.S Act, has filed this application for his
release on bail.
4. The brief fact of the case is that on 10.09.2022 at about
5.00 A.M. during course of patrolling duty near Nayabazar
Chhak area the Police personnel on getting credible
information regarding selling of contraband brown
sugar/heroin detained the present Petitioner who was in a
car. On search, they recovered 252.440 grams of
contraband brown sugar/ heroin from the said car in
which the present Petitioner was sitting. Accordingly,
upon filing of the F.I.R and completion of investigation,
the Petitioner was arrested and he has been languishing in
custody since 11.09.2022.
5. Learned counsel for the Petitioner contends that the
Petitioner has been entangled in this case on suspicion. He
was only travelling through the said car from which the
contraband brown sugar has been recovered. He had no
idea regarding transportation of alleged contraband
brown sugar through the said car.
6. Learned counsel for the Petitioner further contends that
on the earlier occasion the co-accused person had
approached the Supreme Court through SLP No.497 of
2024. After hearing the parties concerned the Supreme
Signature Not Verified
Digitally Signed Court vide order dated 06.03.2024 though declined to
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 28-May-2025 12:26:48 grant bail to the said co-accused person, directed the
Page 2 of 6
learned Court below to conclude the trial within a period
of six months from the date of presentation of an
authenticated copy of the order dated 06.03.2024. At this
juncture, learned counsel for the Petitioner submits that
despite presentation of an authenticated copy of the order
dated 06.03.2024 passed in the above noted SLP before the
learned Court below, the trial in the Spl.G.R. Case
No.43/20 of 2022-23 has not been concluded till today. He
further submits that out of twenty-three charge sheeted
witnesses eighteen witnesses have already been examined
in the meantime. He, in the process, prays for permitting
the Petitioner to be released on bail.
7. Learned counsel for the Petitioner further contends that
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. vrs. Home Secretary,
State of Bihar 1, 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
Signature Not Verified State cannot be permitted to deny the constitutional right of
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa 1
Date: 28-May-2025 12:26:48 1979 AIR 1360
Page 3 of 6
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 entitles 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 Bihar2 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.
9. The Supreme Court has also held in Mohd. Muslim @
Hussain v. State (NCT of Delhi)3 that incarceration has
further deleterious effects where the accused belongs to
Signature Not Verified
Digitally Signed
Signed by: AYASKANTA JENA
Designation: Personal Assistant 2
Reason: Authentication (1981) 3 SCC 671
Location: High Court of Orissa 3
Date: 28-May-2025 12:26:48 SLP (Crl.) No. 915 of 2023
Page 4 of 6
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. Learned counsel for the State vehemently opposes the
prayer for bail of the Petitioner. She further submits that
such type of offences is not tolerable in a law abiding
society. She, accordingly, prays for dismissal of this
BLAPL.
11. Considering the submissions made on behalf of both
the parties, this Court without going into the merits of the
case, directs the court in seisin over the matter to release
the present Petitioner on bail in the aforesaid case on some
stringent terms and conditions with further conditions
that:
i. the Petitioner shall appear before the
concerned local Police Station in every
fortnight on Monday between 10.00A.M. to
1.
00P.M. till conclusion of the trial;
ii. the Petitioner shall not indulge himself in any
criminal activities in future;
iii. the Petitioner shall not tamper the evidence of
Designation: Personal Assistant
iv. the Petitioner shall clean the premises of the
Reason: Authentication
Location: High Court of Orissa
Date: 28-May-2025 12:26:48 Plantsite Police Station in the morning hour
(between 6.00 A.M. to 8.00 A.M.) for two
months from the date of his actual release in
the aforesaid case. The I.I.C, Plantsite Police
Station shall provide the cleaning articles like
broom, phenyl and other items to the
Petitioner so that he can clean the said
premises.
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
Designation: Personal Assistant
Location: High Court of Orissa
Date: 28-May-2025 12:26:48
