Ananda Majhi Vs State Of Orissa

V. Narasingh, J

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

The Petitioner is an accused in T.R. Case No.62 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Gunupur, arising out of Padamapur P.S. Case No.51 of 2022 for commission of the offence under Section 20(b)(ii)(C)/25/27-A/29 of the N.D.P.S Act.

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.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Gunupur by order dated 29.09.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 1.5.2022 on the allegation of being involved in transportation of contraband (ganja) to the tune of 1085 Kg.

It is further submitted that because of inordinate delay in disposal of the case and taking into account that the Petitioner is aged about 83 and he is the first offender, he may be released on bail.

Learned counsel for the State opposes the prayer for bail in view of the bar contained in Section 37(1)(b)(ii) of the N.D.P.S Act and submits that since trial has already commenced, releasing the Petitioner at this stage would derail the ongoing trial since other accused persons are absconding.

Taking into account the age of the Petitioner, while this Court rejecting his earlier bail application by order dated 11.09.2023 in BLAPL No.12554 of 2022, granted leave to the Petitioner to renew his prayer before the learned Court in seisin and place on record that he is aged about 83 years though it was stated in the impugned order in such BLAPL that the Petitioner is aged about 58 years.

Considering that trial is lingering, a report was called for from the learned Court in seisin. It its report dated 22.12.2023, learned Special Judge, Gunupur indicated that “Out of 10 witnesses cited in the charge sheet, two witnesses have been examined so far. Now the case is posted to 10.01.2024 and 11.01.2024 for trial. The trial could not proceed substantially due to non-appearance of the official witnesses. Sincere step is being taken to conclude the trial within a period of four months hence”.

There is also finding in the impugned order of the learned Special Judge, Gunupur, after considering the materials on record, that the age of the Petitioner seems to be more than 80 years. Learned Standing Counsel for the State refers to the observation of the learned court that from the physical appearance, the Petitioner seems to be in good health.

Considering the quantity of the contraband seized and the evidence of P.Ws.1 and 2, this Court is not inclined to entertain this bail application at this stage.

Leave is granted to the Petitioner to renew his prayer in the event the trial is not concluded within a period of four months hence. In the event such an application is filed, the same shall be considered on its own merit without being influenced by the earlier rejection.

Learned counsel for the State is called upon to ensure the presence of the official witnesses on the date fixed.

The BLAPL is accordingly disposed of.

Free copy of this order be made over to the learned counsel for the State for necessary follow up action.

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