Allowed

Nilu @ Nilkamal Singh v. State of Odisha

Orissa HC15 Jan 2021BLAPL/6973/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner accused of illegal possession of ganja under the NDPS Act. The court noted the petitioner had been in custody for approximately seven and a half years while the trial remained pending after examining only 13 out of 20 prosecution witnesses.

What did the court decide?

Release of the petitioner on bail subject to furnishing address details, appearing before the police inspector every Sunday, and appearing before the court on every date of posting.

Nilu @ Nilkamal Singh Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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BLAPL NO.6973 OF 2020

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15.01.2021:

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The matter is taken up through video conference mode. This is the second journey of the petitioner who is in custody connection with Reamal P.S. Case No.42 of 2013 corresponding to T.R. Case No.22 of 2013 on the file of learned Addl. District & Sessions Judge-cum-Special Judge, Deogarh running for alleged commission of offence under section 20(b)(ii)(C) of the NDPS Act, in filing this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that here the petitioner is facing the trial for being in possession of 40 kgs. 230 grams of ganja in committing the offence under section 20(b)(ii)(C) of the NDPS Act. He further submits that as per the prosecution version, three accused persons were travelling in a Maruti Zen vehicle; which being detained raising suspicion, three bags in total containing 40 kgs. 230 grams of ganja are said to have been recovered therefrom. It is his submission that this petitioner has been in custody since 25.03.2013 and as against 20 cited witnesses, by now only 13 witnesses has been examined. He further submits after examination of last witness from the side of the prosecution on 09.03.2018, the trial has remained at this stage till date. It is submitted that the despite the fact that the petitioner is by now in custody for about 7.1/2 years, the prosecution is seen to have not taken any sincere endeavour in concluding the trial. In view of all these above; he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move. According to him, the cause of delay is not attributable to the petitioner since the local Bar Members were on strike for long

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// 2 //

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period as also for the pandemic COVIT-19 everything came to a halt.

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Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the petitioner in custody and on going through the order passed by the learned Asst. Sessions Judgecum-Special Judge; while being inclined to reconsider the prayer for grant bail to the petitioner in the aforesaid case, it is directed that the petitioner be released on bail on such terms and conditions as deemed just and proper by the court is seisin of the case with further conditions that:-

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he shall furnish their address along with the contact mobile numbers by way of affidavit and in case of any change, shall intimate the same in that way;

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shall appear before the Inspector-in-Charge of Gamla police station in the district of Gamla, State of Jharkhand every Sunday in between 10.00 am to 2.00 pm till conclusion of the trial; and

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shall appear in person before the court in seisin of the case on each and every date of posting of the case till conclusion of the trial except under some exceptional circumstance to the satisfaction of the court.

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Violation of any of the condition(s) shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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D. Dash, J.

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Narayan

Nilu @ Nilkamal Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nilu @ Nilkamal Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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