Allowed

Bibhisan Kumbar @ Sonu v. State of Odisha

Orissa HC25 Jul 2023BLAPL/6737/2023

Case brief

AI extract

What is this about?

The High Court granted bail to a narcotics accused detained for over three years, citing the fundamental right to a speedy trial and noting the prompt bail release of a co-accused. The petition was disposed of on stringent conditions.

What did the court decide?

Petitioner released on bail on stringent terms including appearance on court dates, no commission of further offences, and no interference with prosecution witnesses.

Bibhisan Kumbar @ Sonu 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.6737 of 2023

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Bibhisan Kumbar @ Sonu

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…. Petitioner

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Mr. Manas Kumar Chand, Adv.

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-versus-

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

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DR.JUSTICE S.K. PANIGRAHI

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Order ORDER
No. 25.07.2023
Police Case No. Sections
F.I.R.
Dated Station and Courts’
No.
Name
161 21.10.2019 Manmunda Special Section 20(b)(ii)(C) of the
(N.D.P.S) N.D.P.S. Act.
Case No.68
of 2019
pending in
the court of
learned
Addl.
Sessions
-
Judge,
cum-Special
Judge,
Boudh

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1 . This matter is taken up through hybrid arrangement.

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

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Signature Not Verified

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 27-Jul-2023 09:05:30

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Page 1 of 5

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// 2 //

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3 . The petitioner being in custody in connection with Manmunda P.S.Case No.161 of 2019 corresponding to Special (N.D.P.S) Case No. 68 of 2019 on the file of learned Additional Sessions Judge-cum-Special Judge, Boudh, registered for the alleged commission of offence under Sections 20(b)(ii)(C) of the N.D.P.S. Act, has filed this application under Section 439 of Cr.P.C. for his release on bail.

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4 . It is alleged in the FIR that on 21.10.2019, the S.I. of Police at Sagada outpost came to know regarding possession and transportation of contraband ganja by two unknown accused persons in a white colour 110 sports car bearing Regd. No.Or23-C-9655. The S.I. of Police verified the car and found two jari bags containing contraband ganja of 31Kg. 800 gms. on the back seat of the car. It is alleged that the seized vehicle belongs to one Rakesh Biswakarma of Rourkela.

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5 . Learned counsel for the petitioner submits that the petitioner has been languishing in jail custody since 21.10.2019 which is more than three years. Though the trial has been commenced, there is less likelihood of completion of trial in the near future. One co-accused who is similarly situated with the petitioner, has already been released on bail by order of this Court on 22.12.2020 in BLAPL No. 9664 of 2019.

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

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7. Learned counsel for the petitioner submits that Hon'ble Supreme Court have held that right to have speedy trial is a

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Signature Not Verified

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Page 2 of 5

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 27-Jul-2023 09:05:30

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fundamental right of a citizen. Hence, keeping a person in custody for such a long time is not justified and violative of his fundamental right. The importance of speedy trial has been emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar, wherein the Hon'ble 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 versed with laws and after face the dearth of competent legal advice, the application of the said NDPS Rule is wholly

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1 1981)3 SCC 671

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Signature Not Verified

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Page 3 of 5

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 27-Jul-2023 09:05:30

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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, the factum of release of the co-accused persons and detention of the petitioner without being trial, 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 Petitioner on bail in the aforesaid case on stringent terms 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,

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2 SLP (Crl.) No. 915 of 2023

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Signature Not Verified

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Page 4 of 5

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 27-Jul-2023 09:05:30

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ii he shall not indulge in any criminal offence while on bail and

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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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Signature Not Verified

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Page 5 of 5

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 27-Jul-2023 09:05:30

Bibhisan Kumbar @ Sonu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bibhisan Kumbar @ Sonu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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