PURNA CHANDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner having been arrested for commission of an offence under section 20(b)(i) of the N.D.P.S. Act (for short, 'the Act') has approached this Court in this application for grant of bail. As it appears from the case diary, more than 120 Kgs of ganja have been seized from his jeep which had been leased in favour of the petitioner by one Nabin Mandar. As it appears, petitioner after being arrested was produced before the learned Special Judge, Koraput, Jeypore on five occasions and finally on 24.8.2001 he filed an application under section 167(a)(ii) Cr.P.C. for bail on the ground that the charge sheet had not been submitted within the prescribed time. Learned Special Judge vide order dated 24.8.2001 directed release of the petitioner on bail on furnishing bail bond of Rs. 28,000/- with two solvent sureties for the like amount. The petitioner could not furnish bail bond on the same day and only on 3-9.201 he could furnish bail bond in compliance of order dated 24.8.2001. In the meantime, on 31.8.2001 the I.O. submitted charge sheet against the petitioner for the offence as stated above.

(2.) The question raised before the learned Special Judge was that once the petitioner had been given benefit of/provision of section 167(2) Cr.P.C. it should not be taken away merely because before filing of bail bond charge sheet was submitted. Referring to a decision of the Apex Court, the learned Special Judge rejected the prayer for bail.

(3.) Sri Sarangi, learned counsel appearing for petitioner, submitted that once the benefit is granted to the accused under section 167(2) Cr.P.C., the same cannot be taken away meredy because bail bond has been filed later on after filing of charge nest. According to him, the moment the prescribed time for filing charge sheet expires, the accused has a right for bail and if he has exercised that right by way of filing an application for bail, the same cannot be refused to him.