SIBA BISOI Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the present application filed under Sec. 482 Cr.P.C., the petitioners challenge the orders dtd. 6/9/2020/8/9/2020, 2/3/2021 and 3/5/2021 passed by learned Sessions Judge-cum- Special Judge, Malkangiri in T.R. Case No. 94 of 2020. All the petitioners have been implicated in the above-mentioned case corresponding to Mathili P.S. Case No. 125 of 2020 for the alleged commission of offence under Ss. 20(b)(ii)(C)/25/27-A/29 of the N.D.P.S. Act.

(2.) Briefly stated, the prosecution case is that on 5/9/2020 at about 8.00 p.m. while the police were performing evening patrolling duty and excise raiding duty at Kalapali Colony, they received reliable information that some persons were moving in a group carrying balance sticks on their shoulders with two bags containing suspicious articles towards Mathili P.S. area. When the police officers cordoned the accused persons, they were attacked by the group by means of sticks, axes and other deadly weapons. As a result, one home guard, namely, Banabasi Maharana sustained bleeding injuries and thereafter he was rescued and shifted to hospital. The police detained 36 persons and others ran away taking the advantage of darkness. The persons so detained disclosed that the luggage contained contraband ganja and they were transporting the same from Chitrakonda area to Bargaon. After weighment, 1945 kg and 400 grams of ganja was recovered and seized. On such basis, the case was registered, the accused persons were arrested and forwarded to the court of learned Special Judge, Malkangiri on 6/9/2020. Since then, the accused persons are in custody.

(3.) The case record was put up on 27/2/2021 as the I.O. though Spl. Public Prosecutor submitted a prayer for extension of the remand period of the accused persons by another 120 days on the ground of further investigation. The said petition was considered on 2/3/2021 and on the same day it was allowed by extending the period of investigation by another 60 days despite the objection of the defence. However, despite expiry of the said extended period of 60 days on 1/5/2021, neither the charge sheet was filed nor the accused persons were produced before the Court to inform them of their right to seek default bail under the provisions of Sec. 167(2) of Cr.P.C. On 3/5/2021, i.e., the second day of expiry of the extended period the I.O. submitted charge sheet against 46 accused persons including the present petitioners. The said order accepting the charge sheet beyond the stipulated period as well as the orders passed on 6/9/2020, 8/9/2020 and 2/3/2021 are impugned in the present application.