High Court Ordered interim bail for petitioner in narcotics case despite statutory bar on bail, considering excessive detention delay and partial trial progress, on ₹5 lakh bond with conditions.
Released on interim bail for three months on ferrying bond of Rs.5,00,000/- with two local solvent sureties each for like amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.634 of 2021
Gulam Farid …. Petitioner
Mr. Devashis Panda, Advocate
-versus-
Order No.
Intelligence Officer Narcotics Control Bureau Sub-Zone Bhubaneswar, Odisha
Opp. Party
Mr. Prasanna Kumar Parhi,
Asst. Solicitor General
Ms. Babita Sahoo,
Central Government Counsel
(N.C.B.)
CORAM:
JUSTICE S.K. SAHOO
ORDER
18.08.2021
This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
Mr. Devashis Panda, learned counsel for the petitioner submitted that in the cause title, State of Orissa has been inadvertently mentioned as opposite party but, in fact, Intelligence Officer, Narcotics Control Bureau, Sub-Zone Bhubaneswar, Odisha should have been mentioned as opposite party and he may be permitted to correct the same.
Permission is granted.
Heard Mr. Devashis Panda, learned counsel for
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the petitioner and Mr. Prasanna Kumar Parhi, learned Assistant Solicitor General for the N.C.B. so also Ms. Babita Sahoo, learned Central Government Counsel.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.16 of 2017 arising out of N.C.B. Sub-Zone Bhubaneswar Crime No.01 of 2017 pending in the Court of learned Sessions Judge -cum- Special Judge, Sambalpur for alleged commission of offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Sessions Judge -cumJudge (Special Court), Sambalpur which was rejected on 15.01.2021.
Mr. Devashis Panda, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 10.02.2017 and even though charge was framed on 06.08.2018 but till date, only one witness has been examined by the prosecution out of eight witnesses as per the complaint petition and therefore, in view of the delayed trial, the bail application of the petitioner may be favourably considered.
Mr. Prasanna Kumar Parhi, learned Assistant Solicitor General and Ms. Babita Sahoo, learned Central Government Counsel submitted that commercial quantity of ganja was seized from the possession of the petitioner and in view of the bar
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under section 37 of the N.D.P.S. Act, the petitioner is not entitled to be released on bail. The petitioner belongs to State of Jharkhand and once he is enlarged on bail, it would be difficult to ensure his attendance at the time of trial. To explain away the delay in trial, it is submitted on behalf of the opposite party that since the trial was not in progress on account of situation arises out of COVID-19 Pandemic, the trial got delayed.
As per the order dated 03.08.2021, learned Sessions Judge -cumJudge (Special Court), Sambalpur has submitted the status report which is dated 06.08.2021 in which it is mentioned that charge was framed against the petitioner on 06.08.2018 and thereafter, the local Bar Members were on strike and after normalcy returned, the lockdown was imposed on account of COVID-19 pandemic and after normal functioning of the Courts, one witness was examined on 15.03.2021 and again due to lockdown and shutdown imposed from 03.05.2021 on account of COVID-19 Pandemic, the hearing of the case could not be taken up.
Considering the submissions made by the learned counsel for the respective parties and in view of the available materials on record and particularly bar under section 37 of the N.D.P.S. Act, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the
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petitioner in judicial custody for more than four and half years and the fact that out of eight witnesses named in the complaint, only one witness has been examined so far, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.
For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.5,00,000/-(rupees five lakhs) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper and with further conditions that while on interim bail, the petitioner shall not leave the local jurisdiction of the learned trial Court without obtaining prior permission of the learned trial Court and he shall indicate the place of abode to the trial court in writing during the interim bail period and he shall not indulge in any criminal activities in any manner and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the period of interim bail. The prosecuting agency shall keep close vigil over the activities of the petitioner while on interim bail.
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Violation of any terms and conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
RKM
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2 issues framed by the court
Whether the petitioner, charged with commercial quantity of narcotic drugs and detained for over four and a half years in judicial custody, is entitled to interim bail considering the delay in trial a
Whether the delay in trial due to COVID-19 pandemic and local bar strikes entitles the petitioner to bail release on merit.
3 provisions across 2 enactments
Gulam Farid
Intelligence Officer Narcotics Control Bureau Sub-Zone Bhubaneswar Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
