KARTIK NAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner, who is one of the accused for commission of offence under Sec. 20(b)(ii)(C) of the N.D.P.S.Act, has prayed for releasing him 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.

(2.) The case of the Petitioner is that, on the allegation of transporting and possessing 73Kg 800Grams of contraband ganja, he was arrested and taken to custody on 7/7/2020 in connection with Kalimela P.S.Case No.86 dtd. 7/7/2020 for commission of offences under Sec. 20(b)(ii)(C) of the N.D.P.S. Act. Pending investigation, he was remanded to custody on 8/7/2020 by order of the learned Sessions Judge-cum-Special Judge, Malkangiri in T.R.Case No.66 of 2020 and since then the Petitioner is inside custody. The investigation continued and 180 days completed on 3/1/2021. On 4/1/2021, a petition was filed by prosecution praying for extension of a further period of 180 days for completion of investigation and submission of chargesheet. On the same day, learned Sessions Judge-cum- Special Judge, Malkangiri granted extension of 60 days to the prosecution for completion of investigation without giving any opportunity of hearing to the accused-Petitioner. Again on 1/3/2021, the prosecution filed another petition praying for further extension of 60 days to file chargesheet. The defence counsel objected to such prayer. However, the learned Sessions Judge-cum-Special Judge granted extension of 15 days to the prosecution to file the chargesheet. On 15/3/2021, chargesheet was filed by the prosecution against the Petitioner and three 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.

(3.) The Petitioner contends before this Court that remanding him in custody on 4/1/2021 and again on 1/3/2021 is against the principles of law enumerated in Sec. 167(2) of the Cr.P.C. The learned counsel for the Petitioner by relying on a decision of this Court reported in (2018) 71 OCR-31, Lambodar Bag Vrs. State of Orissa, contends that before granting extension of time for completion of investigation beyond 180 days without granting any opportunity of hearing to the Petitioner and even without intimating him of his right for release on bail upon completion of 180 days is gross violation of law and thus, the orders dtd. 4/1/2021 and 1/3/2021 of the learned Sessions Judge-cum-Special Judge and subsequent remand of the Petitioner into custody is illegal and liable to be set aside. It is thus prayed that the Petitioner should be released on default bail as a matter of right guaranteed under the provisions contained in Sec. 167 (2) of the Cr.P.C. read with Sec. 36-A(4) of the N.D.P.S.Act.