HAREKRISHNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners are facing trial in C.T. Case No.33 of 2023 arising out of K. Nuagaon P.S. Case No.47 of 2023 U/S. 20(b)(ii)C/25 of NDPS Act which is pending in the court of the learned Additional District and Sessions Judge-cum-Special Judge, Baliguda, Kandhamal. Petitioners have filed the present petition under Sec. 482 Cr.P.C. seeking quashing of the order dtd. 13/12/2023 whereby their application under Sec. 167(2) Cr.P.C. has been rejected.

(2.) Heard Mr. Chittaranjan Swain, learned counsel for the petitioners and Mr. P. K. Maharaj, learned counsel for the State.

(3.) Mr. Swain, learned counsel for the petitioners contended that the police had filed an incomplete charge-sheet on 31/8/2023 against the petitioners under Ss. 20(b)(ii)C/25 of N.D.P.S. Act. Since the Chemical Examination Report has not been filed by the police in the said charge-sheet, the charge-sheet was incomplete as per Sec. 173(2) of Cr.P.C. In that view of the matter, the petitioners were entitled to statutory bail under Sec. 167(2) Cr.P.C. However, the applications have been rejected mechanically.