SRABANA BALIARSINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Pattapur PS Case No. 425 of 2024 corresponding to GR Case No.67 of 2024(N) pending in the Court of learned Sessions Judge, Berhampur for commission of offences punishable U/Ss. 20(b)(ii)(C) of NDPS Act, on the main allegation of transporting 214Kgs 200Grams of contraband ganja in a Bolero Pick-up vehicle bearing Regd. No.OD-05-M-0781.

(2.) Heard Mr. Amit Prasad Bose, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record. On being queried about the criminal antecedent of the petitioner, Mr. Bose, however, voluntarily submits to withhold bail to the petitioner, if he is found to have any criminal antecedent of similar nature for commission of offence under NDPS Act.

(3.) Besides other grounds, Mr. Bose has primarily concentrated his submission for grant of bail to the accused-petitioner for want of submission of CE report. True it is that the provision of Sec. 170 of CrPC/190 of BNSS interalia mandates for forwarding of the accused under custody to a magistrate empowered to take cognizance of offence upon a police report, if there is sufficient evidence or reasonable grounds, but Sec.173(2) of CrPC/193(3) of BNSS prescribes that as soon as the investigation is completed, the officer-in-charge of the police station shall forward(, including through electronic communication as in Sec. 193(3) of BNSS) to a magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government(as the State Government may, by Rules provide, only as in Sec. 193(3) of BNSS) stating-