MAYANK MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Amit Prasad Bose, learned counsel for the petitioners and Mr. P.K. Maharaj, learned Additional Standing Counsel for the State.

(2.) The petitioners, who are accused in T.R. Case No.45 of 2019 arising out of Jeypore Sadar P.S. Case No.119 of 2019 for commission of offence under Sec. 20(b)(ii)(C) of the N.D.P.S. Act, have prayed for releasing them on default bail in terms of Sec. 36-A(4) of the N.D.P.S. Act read with Sec. 167(2) of the Cr.P.C.

(3.) The case of the petitioners is that, on the allegation of transporting and possessing 467 Kg.500 grams of contraband ganja, they were arrested and taken to custody on 16/7/2019 in connection with Jeypore Sadar P.S. Case No.119 dtd. 15/7/2019 for commission of offences under Sec. 20(b)(ii)(C) of the N.D.P.S. Act. Pending investigation, they were remanded to custody on 16/7/2019 by order of the learned Sessions Judge-cum-Special Judge, Koraput-Jeypore in T.R. Case No.45 of 2019 and since then the petitioners are inside custody. The investigation continued and 180 days completed on 11/1/2020. On 9/1/2020, a petition was filed by prosecution praying for extension of a further period of 60 days for completion of investigation and submission of final report. On the same day, learned Sessions Judge-cum-Special Judge granted extension of 60 days to the prosecution for completion of investigation without giving any opportunity of hearing to the accused-petitioners. On 10/2/2020, chargesheet was filed by the prosecution against the petitioners and two other accused persons for the offences stated above and the cognizance has been taken for the offences on the same day by the learned Sessions Judge-cum-Special Judge.