The right to a speedy trial under Article 21 supersedes statutory restrictions on bail under the NDPS Act, allowing for bail even in cases with prior criminal antecedents.

Judgment :

V.NARASINGH, J.

1. Heard Mr. B. Das, learned counsel for the Petitioner and Mr. G.N. Rout, learned Additional Standing Counsel for the State.

2. The Petitioner is an accused in connection with C.T. Case No.424 of 2022 pending on the file of learned Additional District & Sessions Judge, Jagatsinghpur arising out of Jagatsinghpur P.S. Case No.851 of 2022 for commission of offence alleged under Sections 21 (C) and 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 Suraksha Sanhita ( BNSS ) by the learned Addl. District Judge, (I/C) Jagatsinghpur by order dated 23.07.2024 in the aforementioned case, 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 No.11043 of 2023 was rejected by this Court by order dated 19.01.2024. Thereafter, Petitioner had moved this Court in BLAPL No.4614 of 2024 which was rejected by order dated 21.05.2024.

6. It is submitted by the learned counsel that the Petitioner is in custody since 18.12.2022 on the allegation that he along with co-accused were involved in transportation of contraband (brown sugar) to the tune of 258.62 grams.

7. Learned counsel seeks release of the Petitioner primarily on the ground of procrastination of trial and to fortify his submission, he relies on the latest judgment of the Apex Court in the case of V. Senthil Balaji vs. The Deputy Director, Directorate of Enforcement , 2024 INSC 739.

8. To ascertain the veracity of the submission regarding the procrastination of trial, a report was called for from the learned Court in seisin. The said report is extracted hereunder;

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With reference to the subject and reference cited above, I am to submit that the case record in C.T. No. 424 of 2022 arising out of Jagatsinghpur PS Case No. 851 of 2022 was received from the learned District & Sessions Judge, Jagatsinghpur on transfer on dtd 17.06.2023. Charge was framed against the accused persons with respect to the offences punishable u/ss. 29(1)/21(C) of N.D.P.S Act on dtd 08.04.2024. Out of 24 C.S witnesses, only one witness have already been examined, cross examined and discharged on dtd 13.05.2024. At present, the Court of the Additional Sessions Judge, Jagatsinghpur is lying vacant since dtd. 29.06.2024 as the P.O has been transferred. Now, the case is posted to 21.09.2024 for evidence.

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9. An affidavit has been filed at the behest of the Petitioner indicating that the Petitioner has following six criminal antecedents;

I. Kujang P.S. Case No-316/2013 offence U/s-379 IPC.

II. Kujang P.S. Case No.118/2014 offence U/s-341, 294, 354-A(1), 506, 34 IPC.

III. Kujang P.S. Case No.169/2015 offence U/s-364 of IPC.

IV. Kujang P.S. Case No.155/2015 offence U/s-364 of IPC.

V. Kujang P.S. Case No.273/2019 U/s-21(b) NDPS Act.

VI. Kujang P.S. Case No.367/2022 U/s-21(b) NDPS Act.

It is stated in the said affidavit that Petitioner has been acquitted in four cases which are at serial Nos. (i) to (iv) of the above and in the case at serial Nos. (v) to (vi), he is on bail.

10. Learned counsel for the Petitioner submits with vehemence that since release of the Petitioner is sought on the ground of procrastination of trial, the criminal antecedent ought not to deter this Court from considering his bail application on merits.

11. Learned counsel for the State, Mr. Rout, ASC & Public Prosecutor opposes the prayer and submits that the Petitioner has admittedly six cr