MANORANJAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The short point involved in the present application is whether the date of remand to be included in counting the statutory period of 180 days under Sec. 167(2) of the Cr.P.C. read with Sec. 36-A(4) of the NDPS Act.

(2.) Law is no more res integra on this issue. Recently in the case of M. Ravindran v. Intelligence Officer, Directorate of Revenue Intelligence, (2021) 2 SCC 485 the Hon'ble Supreme Court has reiterated the law that the date on which the accused was remanded to judicial custody has to be excluded from calculation of statutory period of 180 days. It was observed at paragraph 8 of the said decision that:-

(3.) Now switching to the facts of the case at hand, the Petitioner, who is an accused of transporting and possessing 1 kg. 34 grams of brown sugar (heroine), was arrested and remanded to custody on 4/9/2021 in connection with STF P.S. Case No.31 dtd. 3/9/2021. The alleged offences are under Sec. 21(c)/29 of the NDPS Act. Since then the Petitioner is inside custody in connection with the aforesaid police case corresponding to T.R. Case No.126 of 2021 on the file of learned 1st Additional Sessions Judge-cum-Special, Judge, Khorda.