MUNA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioners, who are the accused for commission of offence under Sec. 21(c) of the N.D.P.S. Act, have prayed for releasing them 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 Petitioners is that, on the allegation of transporting and possessing 1kg 159grams of Brown Sugar (heroin), they were arrested and taken to custody on 8/8/2021 in connection with Lalbag P.S. Case No.206 dtd. 8/8/2021 for commission of offence under Sec. 21(c) of the N.D.P.S. Act. Pending investigation, they were remanded to custody on 9/8/2021 by order of the learned Sessions Judge-cum-Special Judge, Cuttack in G.R. (Special) Case No.22 of 2021 and since then the Petitioners are inside custody.

(3.) On 3/2/2022, the accused persons were produced before the learned Sessions Judge-cum-Special Judge from the jail custody through virtual mode and the case was posted to be put up on 17/2/2022. The investigation continued and 180 days completed on 4/2/2022. On 12/2/2022, chargesheet was filed by the prosecution and on 14/2/2022, cognizance was taken by the learned Sessions Judge-cum-Special Judge against the Petitioners and four other accused persons for the offences stated above. Later on the same date, an application was filed by the counsel on behalf of the accused persons U/s.167(2) of the Cr.P.C praying for grant of bail on the ground that since the charge-sheet had not been filed within a period of 180 days from the date of initial remand, the accused persons should be released on bail. However, the learned Sessions Judge-cum-Special Judge rejected the application by order dtd. 14/2/2022 on the ground that such application was made after chargesheet had been filed and cognizance has been taken in the case. It was further held that since the accused have not made such application before filing of the chargesheet, the right having accrued in their favour extinguished upon filing of the charge-sheet.