SURESH CHANDRA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present case is yet another instance of lack of application of judicial mind by a Special Judge under the NDPS Act resulting in violation of the right to liberty guaranteed under Article 21 of Constitution of India and disregard to the statutory mandate embodied under Sec. 167(2) of the Code of Criminal Procedure and Sec. 36-A of NDPS Act.

(2.) The petitioner is one of the accused in T.R. Case No. 126 of 2021 pending in the Court of learned Addl. District and Sessions Judge-cum-Special Judge under NDPS Act, Khordha. The said case arises out of Special Task Force (STP) Case No. 31 of 2021 registered under Sec. 21(c)/29 of NDPS Act. In the present application filed under Sec. 482 Cr.P.C., the petitioner seeks to challenge the order dtd. 20/2/2023 passed by the said Court in rejecting his application filed under Sec. 167(2) Cr.P.C. seeking default bail as according to him, charge sheet was not submitted within the statutory period.

(3.) The facts of the case are that on the basis of the FIR lodged by the Inspector of Police, STF, Bhubaneswar on 3/9/2021, one Manoranjan Das was apprehended as he was in possession of brown sugar weighing 1 kg 34 grams. Two other persons, who were supposedly assisting him, managed to flee. In course of investigation, it came to light that three persons, namely, Manoranjan Das, Suresh Chandra Sahu (present petitioner) and Lizu hatched conspiracy with brown sugar mafia, namely, Sk. Sabir Alli and Ismile Seikh of West Bengal and Kalu Mistri of Jaleswar to deal with brown sugar. The brown sugar was procured from said two persons from West Bengal by Kalu Mistri. Manoranjan Das was arrested and forwarded to the Court of Special Judge, Khordha on 4/9/2021 and steps were taken to apprehend the other accused persons, who had absconded. Charge sheet No. 9 dtd. 10/3/2022 was submitted against Manoranjan Das under Ss. 21(C)/29 of NDPS Act keeping the investigation open under Sec. 173(8) of Cr.P.C. On 17/8/2022, the present petitioner, namely, Sarat Chandra Sahoo @ Sarat Kumar Sahoo @ Sura @ Somanath was taken on remand in the aforementioned case as he was in custody in connection with T.R. No. 51 of 2022 and was lodged in Sub-Jail, Khordha since 28/5/2022. On 20/2/2023, the petitioner filed an application under Sec. 167(2) Cr.P.C. to release him as despite expiry of the period of 180 days no charge sheet was submitted against him. By order dtd. 20/2/2023, the Court below observed that the I.O. had submitted charge sheet No.9 dtd. 10/3/2022 against accused Manoranjan Das, who was in custody and Suresh Chandra Sahoo (petitioner), Lizu, Sabir Alli, Ismile Seikh and Kalu Mystri showing them as absconders and keeping the investigation open under Sec. 173(8) of Cr.P.C. The Court below further noted that the petitioner was in custody in connection with another case and had been remanded in the present case. Observing thus, the petition was rejected as having no merit. The Investigating Agency submitted final charge sheet being Charge Sheet No. 5 dtd. 12/2/2023 against (1) Manoranjan Das, (2) Sarat Chandra Sahoo (petitioner), (3) Sabir Alli and (4) Sk. Ismile under Ss. 21(C)/29 of NDPS Act also keeping the investigation open under Sec. 173(8) of Cr.P.C. On such charge sheet, the Court took cognizance of the aforementioned offences by order dtd. 4/3/2023.