Orissa High Court
Santosh Kumar Das vs State Of Odisha …. Opposite Party on 7 January, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8209 of 2024
Santosh Kumar Das .... Petitioner
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
07.01.2025
Order No.
05. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
Special Case No.43 of 2023 pending on the file of
learned Addl. Sessions Judge-cum-P.O. Designated
Court under the OPID Act, Balasore arising out of
Jaleswar P.S. Case No.57 of 2023 for commission
of offence alleged under Sections 21(C)/29 of the
NDPS Act.
3. 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.
4. Being aggrieved by the rejection of his
application for bail U/s.483 of the Bharatiya Nagarik
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Suraksha Sanhita (BNSS) by the learned Addl.
Sessions Judge-cum-P.O. Designated Court under
OPID Act, Balasore by order dated 18.07.2024 in the
aforementioned cases, the present BLAPL has been
filed.
5. This is the third journey of the Petitioner to
this Court. Earlier bail application of the Petitioner i.e.
BLAPL Nos.11193 of 2023 and 1603 of 2024 were
disposed of by this Court by orders dated 12.12.2023
and 09.04.2024.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 11.02.2023 on the
allegation of being involved in the transportation of
contraband (brown sugar) to the tune of 256 grams.
7. Learned counsel seeks release of the Petitioner
primarily on the ground of violation of his sacred right
to speedy trial as enjoined by Article 21 of the
Constitution notwithstanding the statutory bar
contained in Section 37(1)(b)(ii) of the NDPS Act.
8. Learned counsel for the State opposes such
prayer in view of the bar contained in Section
37(1)(b)(ii) of the NDPS Act and keeping in view 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 and submits
that filing of the charge sheet itself shows that there
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is prima facie case. Hence, Petitioner ought not to be
released on bail.
9. Taking into account the submission that there
is delay in trial, a report was called for from the
learned Trial Court. Such report dated 29.11.2024
reads as under;
“xxx xxx xxx
I am to submit that, the case record
in Spl. Case No.02/43 of 2024/2023
corresponding to Jaleswar P.S. Case
No.57 of 2023 is received on transfer
from the Court of Sessions Judge,
Balasore on 29.01.2024 to the Court of
Addl. Sessions Judge-Cum-Presiding
Officer, Designated Court under OPID
Act, Balasore. The bail application filed
on behalf of the accused which was
rejected on 08.02.2024. On 06.03.2024
the charge was framed against the
accused. Out of 14 nos. of witnesses
only 2 nos. of witnesses have been
examined in this case. Summons have
been issued to the prosecution witnesses
and now the case is posted to
13.12.2024 for evidence of witnesses.
xxx xxx xxx”
10. Taking into account that the Petitioner is in
custody since 11.02.2023 and he is the first offender
and that the trial is lingering for which the right of the
Petitioner to speedy trial is marginalized, keeping in
view order of the Apex Court in the case of Rabi
Prakash vs. The State of Odisha reported in 2023
SCC OnLine SC 1109, this Court directs the
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Petitioner to be released on bail on such terms to be
fixed by the learned Court in seisin.
11. Before releasing, learned Court is requested to
verify the criminal antecedent of the Petitioner. If it
comes to the fore that the Petitioner has criminal
antecedent of any nature, this order shall not be
given effect to.
12. Additionally, it is directed that the Petitioner
shall appear before the jurisdictional police station
twice a month on such date and time to be fixed by
the learned Court in seisin till conclusion of trial.
Certification of such appearance shall be submitted to
the Court in seisin.
13. Accordingly, the BLAPL stands disposed of.
14. Urgent certified copy of this order be granted
as per rules.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 07-Jan-2025 16:52:09
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