Orissa High Court
Patita Sethi vs State Of Odisha .... Opp. Party on 6 September, 2024
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7934 of 2024
Patita Sethi .... Petitioner
Represented by
Mr. B.K. Swain, Advocate
-Versus -
State of Odisha .... Opp. Party
Represented by
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
06.09.2024 Order No.
2. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
3. The petitioner is in custody in connection with P.R. Case No. 245 of 2023 corresponding to 2(a) CC Case No. 115 of 2023 (N) pending in the Court of learned 3rd Addl. Sessions Judge-cum- Special Judge, Ganjam for the alleged commission of offence under Sections 20(b)(ii)(C)/8 of the NDPS Act.
4. It is alleged that the petitioner was in possession of 60 kgs of contraband ganja when he was apprehended by Excise Officials. It is submitted that despite commencement of trial only one witness has been examined so far and there is no possibility of the trial being concluded in the near future. It is further submitted that the petitioner is a local person and there is no likelihood of his fleeing Page 1 of 2 from justice, if released on bail.
5. Learned State Counsel has opposed the prayer for bail by submitting that the contraband was recovered from the exclusive and conscious possession of the petitioner.
6. After considering the rival submissions and ongoing through the materials on record, this Court finds that the petitioner's right to speedy trial is adversely affected because of slow progress of trial. He has been in custody for more than one year.
7. Taking into consideration the above facts, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court below may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without representation.
8. The BLAPL is accordingly disposed of.
(Sashikanta Mishra) Judge B.C. Tudu Signature Not Verified Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 10-Sep-2024 13:50:37 Page 2 of 2