Harendra Kumar vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard learned counsel for the petitioner and the learned counsel for the N.C.B.

This is an application under section 439 of Cr.P.C. in connection with NCB (Narcotic Control Bureau) Crime No.02/NCB/BBSR/2017 corresponding

to T.R. Case No.22 of 2018 pending in the Court of learned 3rd Additional Sessions Judge, Bhubaneswar for alleged commission of offence under

sections 20(b)(ii)(C) of the N.D.P.S. Act.

The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge, Bhubaneswar by order dated 15.12.2020.

As per order dated 03.08.2021, the learned 3rd Additional Sessions Judge â€"cumâ€" Additional Special Judge (Vigilance), Bhubaneswar has

submitted the status report in T.R. Case No.22 of 2018, which indicates that out of eight charge sheet witnesses, two witnesses have been examined

till date and four witnesses, who are the officers of the N.C.B. are now posted outside the State.

Learned Special Counsel appearing for the N.C.B. submits that steps will be taken immediately to see that the witnesses appear before the learned

trial Court at an earliest to give their evidence so that the trial of the case can be concluded early. He further submits that the petitioner has got one

criminal antecedent which is also under N.D.P.S. Act and in that case, accusation is that the petitioner was possessing commercial quantity of ganja.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 03.09.2017 and only material available on record against the

petitioner is the confessional statement of the co-accused before police.

Considering the available materials on record and the criminal antecedent against the petitioner, while not inclining to release the petitioner on bail but,

taking into account the period of detention of the petitioner in judicial custody and the stage of trial, I direct the learned trial Court to expedite the trial

and make every endeavour to conclude the same within a period of six months from the date of receipt of this order. The petitioner is at liberty to

renew the prayer for bail, if the trial is not concluded within the aforesaid period.

Accordingly, the BLAPL is disposed of.

A copy of the order be communicated to the learned trial Court for compliance.

Mr. Gyanaloka Mohanty, learned counsel for the N.C.B. shall intimate that one of the responsible Officer of the N.C.B. to appear before the learned

trial Court by 19.08.2021 and receive summons in respect of the witnesses, who are posted outside and ensure their attendance on the date fixed.

Free copy of this order be handed over to Mr. Gyanalok Mohanty, learned counsel appearing for the N.C.B. for compliance.

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