BINOD KHORA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, namely, Binod Khora, has prayed for his release on default bail under Sec. 36-A(4) of the N.D.P.S. Act read with Sec. 167(2) of the Cr.P.C.

(2.) The facts of the case are that the Petitioner is in custody in connection with T.R. Case No.07 of 2020 arising out of Macchkund Police Station Case No.08 dtd. 18/1/2020 for commission of offences under Ss. 20(b)(ii)(C)/29 of the N.D.P.S. Act. As per allegations, the Petitioner along with other accused persons were found in possession of contraband ganja weighing Kg 378.100 gm. while transporting the same in a Bolero Pickup vehicle. He was arrested and produced before the learned Additional Sessions Judge-cum-Special Judge, Koraput and taken to custody on 19/1/2020. The investigation continued and 180 days completed on 17/7/2020. Before the said date, on 16/7/2020 a petition was filed by the I.O. praying for extension of time for completion of investigation and the learned Special Judge on the same day allowed the prayer of the I.O. granting extension of two months' time to complete the investigation. The said order dtd. 16/7/2020 reads as under:

(3.) Subsequently charge-sheet was submitted on 15/9/2020 alleging commission of offence under Sec. 20(b)(ii)(C) of the N.D.P.S. Act against the Petitioner along with four other co-accused persons and cognizance of said offences has been taken on the same day.