BIRAJ SARDAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present application filed under Sec. 482 Cr.P.C., the petitioners challenge the order dtd. 3/3/2021 passed by learned Sessions Judge-cum- Special Judge, Malkanagiri in T.R. Case No. 72 of 2020 with further prayer to release him on bail under the provisions of Sec. 36-A(4) of N.D.P.S. Act read with Sec. 167 (2) of Cr.P.C. The petitioner has been implicated in the above mentioned case corresponding to Mathili P.S. Case No.106 of 2020 for the alleged commission of offence under Ss. 20(b)(ii)(C)/27-A of the N.D.P.S. Act.

(2.) Briefly stated the prosecution case is that on 27/7/2020 at about 10.30 p.m. at Gobindapali Forest Check Gate while the S.I. of police was on night patrolling duty and M.V. checking duty, two vehicles came in high speed from Gobindapali side to Jeypore. On suspicion, the S.I. of police detained the vehicles. On verification, it was found that two plastic bags were loaded and pungent smell was coming out. On weighment, it was found that 12 packets of ganja was being carried in all weighing 297 KGs 100 grams of ganja. On such basis, the case was registered and the accused person was arrested and forwarded to the court of learned Special Judge, Malkanagiri on 28/7/2020. Since then the accused - petitioner is in custody.

(3.) The case record was put up on 22/1/2021 as the I.O. submitted a prayer for extension of the remand period of the accused by another 180 days on the ground of further investigation. The said petition was considered on 25/1/2021 and on the same day it was allowed by extending the period of investigation by another 30 days beyond the stipulated period of 180 days with further observation that there shall be no further extension. On 17/2/2021, the I.O. filed another petition for extension of another 180 days for submission of prosecution report/final form. On 18/2/2021, the Learned Sessions Judge-cum- Special Judge, Malkangiri granted further period of 15 days to the Investigating Officer to submit the charge sheet. On 3/3/2021, applications for default bail under Sec. 167(2) was filed by the petitioner, which was rejected by the learned Sessions Judge-cum- Special Judge, which is impugned in the present application