Allowed

Sankar Bahadur @ Shankar Bahadur v. State of Odisha

Orissa HC11 Sept 2023BLAPL/6184/2020

Case brief

AI extract

What is this about?

High Court allowed bail to the petitioner accused under the N.D.P.S. Act. The court noted the petitioner's prolonged incarceration and the release of a co-accused, citing fundamental rights to speedy trial, and ordered release on stringent conditions.

What did the court decide?

Release of the petitioner on bail in the aforesaid case on stringent terms and conditions including appearance before the trial court and not tampering with evidence.

Sankar Bahadur @ Shankar Bahadur Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.6184 of 2020

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Sankar Bahadur @ Shankar …. Petitioner Bahadur

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Mr. Sabyasachi Mishra, Adv. -versus-

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…. State of Odisha Opposite Party Mr.G.R.Mohapatra, ASC

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CORAM:

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DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 11.09.2023
Dated Police Case No. Sections
F.I.R.
Station and Court’s
No.
Name
114 30.07.2020 Sunabeda T.R. Case Section 20(b)(ii)(C)/29 of
No. 45 of the N.D.P.S. Act.
2020
pending in
the court of
learned
Additional
Sessions
Judge-cum-
Special
Judge,
Koraput

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1 . This matter is taken up through hybrid arrangement.

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 12-Sep-2023 17:31:06

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Page 1 of 6

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2 . Heard learned counsel for the Petitioner and learned counsel for the State.

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3 . The Petitioner being in custody in connection with Sunabeda P.S. Case No.114 of 2020 corresponding to T.R. Case No.45 of 2020 pending in the Court of learned Additional Sessions Judge-cum-Special Judge, Koraput, registered for the alleged commission of offence under Section 20(b)(ii)(C)/ 29 of the NDPS Act has filed this petition for his release on bail.

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4 . It is alleged in the FIR that on 29.07.2020 at about 5.10 A.M. as per the direction of I.I.C., Sunabeda P.S. when S.I. of Police Sunbeda P.S. along with staff was performing night patrolling on Raipur-Vishakhapatnam road on N.H.26, found one six wheeler container being escorted by one red colour Yamaha R15 bike coming from Semiliguda side in high speed. On suspicion, the S.I. of Police and staff chased the said container and could stop it at Ghataguda Chhak at about 5.40 A.M.. On verification, the Police found four occupants including the present petitioner inside the container bearing Regd. No.NL-01-AB-9206. The rider of the Yamaha R15 bearing Regd. No.OD-10F-0195 escaped from the spot leaving behind him the bike. On being searched, S.I. of Police found one additional box adjacent to the cabin containing numbers of bundles in

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Page 2 of 6

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 12-Sep-2023 17:31:06

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// 3 //

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concealing manner having smell of ganja. On being interrogated, the present Petitioner along with his associates admitted to have possessed ganja inside the additional box of the container. Due to non production of authenticated document, the S.I. of Police recovered and seized 705 Kgs of ganja from the exclusive and conscious possession of the present petitioner along with co-accused. After observing all formalities, all the accused persons including the petitioner were arrested and forwarded them to the court.

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5. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. There is no incriminating material available against the present Petitioner to implicate him in the alleged offences. The Petitioner is languishing in custody since 31.07.2020. He further submits that the co-accused Sanjay Pangi has already been released on bail vide order dated 04.07.2023 passed by this Court in BLAPL No.3394 of 2023.

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6 . Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

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7. 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

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 12-Sep-2023 17:31:06

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Page 3 of 6

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Signature Not Verified

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// 4 //

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importance of speedy trial has been emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar, wherein the Supreme Court has iterated that:

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"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 State cannot be permitted to deny the constitutional right of 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."

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8. He further argues that the period of long incarceration suffered, which entitle 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 Bihar¹ 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

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1 1981)3 SCC 671

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Page 4 of 6

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 12-Sep-2023 17:31:06

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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.

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9 . The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)² that incarceration has further deleterious effects where the accused belongs to 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.

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10 . Considering the submissions made and the factum of release of the co-accused persons, this Court is inclined to release the Petitioner on bail. Accordingly, it is directed that the court in seisin over the matter shall release the

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2 SLP (Crl.) No. 915 of 2023

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Page 5 of 6

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 12-Sep-2023 17:31:06

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// 6 //

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Petitioner on bail in the aforesaid case on stringent terms

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and conditions with further conditions that:

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i. the Petitioner shall appear before the learned trial court on each date of posting of the case, ii he shall not indulge in any criminal offence while on bail and iii . he shall not tamper with the evidence of the prosecution witnesses in any manner.

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Violation of any of the conditions shall entail cancellation of the bail.

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11. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)
Judge

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B. Jhankar

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Page 6 of 6

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 12-Sep-2023 17:31:06

Sankar Bahadur @ Shankar Bahadur v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sankar Bahadur @ Shankar Bahadur v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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