STATE OF MAHARASHTRA Vs. SHAIKH ISMAIL SHEIKH USMAN

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India read with section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), has been filed by State of Maharashtra aggrieved by order dated 11 -6 -1993 passed by Additional Sessions Judge, Akola, whereby the said Court has discharged the accused respondent under section 239 of Criminal Procedure Code observing that after 22 -2 -1993, the police has not taken further remand till today and the order dated 20 -7 -1993 passed by the said Court whereby he rejected the application filed by State for grant of permission to file the charge -sheet observing that since the accused has already been discharged on 11 -6 -1993, the same deserves to be rejected.

(2.) THE prosecution case is that, on 7 -2 -1993 the accused was apprehended by City Kotwali Police Station, Akola and about 100 grams of Ganja was seized from the possession of accused and accordingly an offence under section 20(b) read with section 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') was registered at Police Station, City Kotwali, Akola. The accused, as already stated, was arrested on 7 -2 -1993 and his remand was taken from 8 -2 -1993 to 22 -2 -1993 from the Court of Additional Sessions Judge, Akola. It is admitted case of the parties that after 22 -2 -1993, the police failed to secure further remand. An application came to be filed by Investigating Officer on 11 -6 -1993 before Additional Sessions Judge, Akola with prayer to condone the conduct of the Investigating Agency to secure remand and to grant ex post facto remand and to allow the Investigation Officer to file the charge -sheet. This application dated 11 -6 -1993 came to be rejected by Additional Sessions Judge, Akola in terms stated above, and thereafter on 20 -7 -1993, on completion of investigation, a charge -sheet was prepared and was taken to the Court and the same was filed along with the application, but the Court rejected the same by observing that accused stands discharged already on 11 -6 -1993.

(3.) MR . Deshpande, the learned counsel for State of Maharashtra submitted that the Additional Sessions Judge, Akola has committed serious error of jurisdiction in discharging the accused under section 239 of Criminal Procedure Code on the ground that no further police remand after 22 -2 -1993 has been obtained by police. He further submitted that since the order dated 11 -6 -1993 was without jurisdiction, the subsequent order passed on 20 -7 -1993 based on that order also cannot be sustained.