PAGALA PADHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) CAN the Court curtail personal liberty of a prisoner when statute permits him to be freed from custody ? This is the moot question that falls for consideration in the present Misc. Case.

(2.) THE petitioner and two others are accused in S. T. Case No. 214 of 1995 pending before the Sessions Judge, Sambalpur. The offence alleged against them is one under Section 20(b) of the NDPS Act, Section 25 of the Arms Act and Section 47(a), Bihar and Orissa Excise Act. All these three accused persons were arrested and forwarded to custody on 14 -9 -1995. On completion of 60 days period of detention which expired on 22 -11 -1995 all the accused persons applied for their release on 23 -11 -1995 urging that they have acquired a statutory right to be freed from custody. The learned Special Court dealing with the case accepted the contentions raised on behalf of the accused persons but while allowing the prayer of the accused persons, rejected the petitioner's prayer on the ground that his bail application was not moved.

(3.) WE may now turn to Section 173(1), Cr PC which provides that the investigation under Chapter XII shall be completed without unnecessary delay. But for various reasons the investigating agencies are not able to comply with the said statutory direction and complete the investigation within reasonable time. In such a situation, onerous duty is cast upon the Court to scrupulously follow the mandate of law as provided in Section 167(2), Cr PC and release the accused detained in custody beyond the prescribed period. It should be remembered that personal liberty is a precious right which cannot be curtailed by overlooking the said statutory provision.