MANORANJAN DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner has prayed to release him on bail under Sec. 439 Cr.P.C. He was arrested and remanded to custody on 4/9/2021 in connection with S.T.F. P.S. Case No.31 dtd. 3/9/2021 for alleged commission of offences under Ss. 21(c)/29 of the N.D.P.S. Act for transporting and possessing 1 kg 34 grams of brown sugar (heroin). Since then, the Petitioner is inside custody in connection with the aforesaid Police Case corresponding to T.R. Case No.126 of 2021 in the court of learned 1st Additional Sessions Judge- cum-Special Judge, Khordha.

(2.) The prayer for his release on default bail in terms of 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 was earlier rejected by this Court in CRLMC No.625 of 2022. This Court in its order dtd. 25/4/2022 have held as follows:

(3.) Mr. D. Panda, learned counsel for the Petitioner submitted that recently a Three Judge Bench of Hon'ble Supreme Court taking note of the case of M. Ravindran vs. Intelligence Officer, Directorate of Revenue Intelligence, (2021) 2 SCC 485 and several other case laws have held in Enforcement Directorate, Government of India vs. Kapil Wadhawan and another, 2023 SCC OnLine SC 972 while answering the reference that whether the period of remand under the first proviso to Sec. 167 (2) of the Code of Criminal Procedure, 1973 is inclusive of the day on which the Magistrate orders remand, have clarified and declared that the stipulated 60/90 day remand period under Sec. 167 Cr.P.C. ought to be computed from the day when the Magistrate authorizes remand. The relevant observations are reproduced below.