Manoj Bagha Vs State of Odisha

The Petitioner is an accused in connection with 2(a) C.C. Case No.91 of 2023 pending on the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, arising out of P.R. Case No.126 of 2023-24 of E.I. &E.B., Unit-II (SD), Berhampur for commission of offence alleged under Sections 20(b)(ii)C of the NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1^st Addl. Sessions Judge-cum-Special Judge, Berhampur, Ganjam by order dated 03.01.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the second journey of the Petitioner to this Court. Earlier bail application of the Petitioner i.e. BLAPL No.9615 of 2023 was disposed of as withdrawn by order dated 11.09.2023.

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The allegation against the Petitioner is that he was involved in transportation of contraband (ganja) to the tune of 60 kgs.

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It is submitted that the Petitioner is in custody since 07.06.2023 and as trial is lingering, he may be released on bail.

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To test the veracity of the same, a report was called for from the learned Court in seisin. The said report dated 03.07.2024 is extracted hereunder;

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“xxx xxx xxx

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With reference to the Hon’ble Court’s above cited order, I am to submit that, the Hon’bIe Court directing this Court to submit a report regarding status report regarding the present status in the aforesaid case and the time frame within the trial can be concluded.

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In the aforesaid case charge framed on 03.01.2024 of offence u/s 20(b)(ii)(C) of NDPS Act 1985. Total three numbers of witnesses have been cited as charge sheeted witnesses; two witnesses have been examined yet. Now this case has been posted to 12.07.2024 for examination of charge sheeted witnesses. Further, I am to submit that at least two months is required to conclude the case. xxx xxx xxx”

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It is further seen that two of the official witnesses out of three have already been examined. Since the learned Court is in seisin of the matter, this Court refrains from making any comment regarding the testimony of the said witnesses.

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Considering that the learned Court has sought for two months time to conclude the trial, this Court is not inclined to entertain this bail application at this stage, keeping in view the bar contained in Section 37(1)(b)(ii) of the NDPS Act, as has been rightly adverted to by the learned Public Prosecutor and also the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024.

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Learned Court in seisin is requested to conclude the trial within two months hence as stated in terms of the communication noted herein above.

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It is needless to state here that the observations made herein are only for the purpose of consideration of bail and ought not to be understood as this Court expressing any opinion regarding the complicity of the Petitioner and the same has to be adjudicated independently in the impending trial.

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Accordingly, the BLAPL stands disposed of.

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Liberty is granted to the Petitioner to renew

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his prayer before the learned Court in seisin, in the event trial is not concluded within the aforementioned two months.

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Registry is requested to communicate this order.

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Learned counsel for the State is called upon to impart necessary instruction that the witnesses are produced without fail so that trial can be concluded within the aforementioned time frame.

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(V. Narasingh) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Aug-2024 17:01:58

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Manoj Bagha v. State of Odisha

Case brief

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Manoj Bagha v. State of Odisha

Case brief

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