Disposed

Nirpati Majumdar v. State of Odisha

Orissa HC15 Mar 2021BLAPL/1263/2021

Case brief

AI extract

What is this about?

In an application for bail under Section 439 Cr.P.C. regarding narcotics charges, the High Court denied immediate release due to statutory barriers but directed the trial court to conclude the trial within six months of framing charges, considering the petitioner's advanced age.

What did the court decide?

Director trial court to expedite trial and conclude within six months of framing charges; liberty to renew bail prayer if trial not concluded timely.

Nirpati Majumdar Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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BLAPL No. 1263 of 2021

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Nirpati Majumdar ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

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15.03.2021 This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.80 of 2020 arising out of Chitrakonda P.S. Case No.77 of 2020 pending in the Court of learned Sessions Judge –cumSpl. Judge, Malkangiri for offences punishable under sections 20(b)(ii)(C)/25 of the N.D.P.S. Act.

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The petitioner moved an application for bail before the Court of learned Spl. Judge, Malkangiri which was rejected on 06.02.2021.

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Learned counsel for the petitioner submitted that the petitioner is aged about seventy two years and he is in judicial custody since 06.02.2021 and though the F.I.R. was lodged against co-accused persons Haribandhu Hantal and Kimudu Sonadar but merely because the petitioner is the registered owner of the Mahindra Bolero vehicle bearing Regd. No.OD36-2254, he has been falsely entangled in the case. It is further contended by learned counsel for the petitioner that much prior to the detection of the vehicle with contraband articles, the vehicle has been transferred to

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the one Jagabandhu Hantal by way of sale agreement and he has relied upon the sale agreement vide Annexure-2 which is dated 30.06.2020.

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Learned counsel for the State on the other hand pointed out from the charge sheet that during course of investigation, the Investigating Officer ascertained from the R.T.O., Malkangiri in respect of the said Mahindra Bolero pick up vehicle and it was ascertained that the said vehicle stood in the name of the petitioner. He further submits that whether the vehicle was actually transferred in the name of Jagabandhu Hantal is to be ascertained after the petitioner adduces evidence in course of trial and at this stage, on the basis of the said agreement, it cannot be said that the vehicle has in fact been transferred to Mr. Jagabandhu Hantal and the petitioner was not in possession of the vehicle.

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Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner and keeping in view the bar under section 37 of the N.D.P.S. Act and particularly the provisions under sections 25, 35 and 54 of the N.D.P.S. Act and the material available on record, while not inclining to release the petitioner on bail but taking into account the fact that the charge sheet has already been submitted and the age of the petitioner, I direct the learned trial Court to expedite the trial and if possible, to conclude the same within a period of six months from the date of framing of the charge.

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The petitioner is at liberty to renew the prayer for bail, if the trial is not concluded within the aforesaid period.

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Accordingly, the BLAPL is disposed of.

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Issue urgent certified copy as per Rules.

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A copy of the order be sent to the learned trial Court for compliance.

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…………………..……

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S.K. Sahoo, J.

Nirpati Majumdar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nirpati Majumdar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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