BHABAGRAHI PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This application has been filed assailing the order dated 09.04.2018 passed by the learned Sessions Judge-cum-Special Judge, Bolangir in 2 (a) C.C. Case No. 10 of 2017 rejecting the application filed by the petitioner to be released on bail under section 167 (2) of the Criminal Procedure Code, 1973 (in short 'the Cr.P.C.') read with Sec. 36 (A) of the N.D.P.S. Act.

(2.) The petitioner is an accused in the aforesaid case for the offence punishable under Sec. 20 (b) (ii) (C) of the N.D.P.S. Act with the allegation of unauthorized possession of 46 Kgs. of contraband Ganja. Since the charge-sheet was not submitted despite completion of 180 days from the date of arrest of the petitioner, he moved an application before the learned trial court to be released on bail as per provisions under section 167 (2) of the Crimial P.C. 1973 read with Sec. 36 (A) (4) of the N.D.P.S. Act. Learned trial court rejected his application by the impugned order by observing that one application was filed by the concerned Public Prosecutor seeking extension of time for submission of charge-sheet.

(3.) It was submitted by learned Counsel on behalf of the petitioner in the present application that the petitioner was arrested on 8.10.2017 and 180 days were completed on 06.04.2018. He moved the application on 09.04.2018. It was submitted that the observation made by the learned trial Court that the concerned Public Prosecutor has moved an application for extension of time was not correct. It was submitted that after filing of the application by the present petitioner on 09.04.2018, in order to save the face of the prosecution, the Public Prosecutor filed an application on the same day mentioning that the concerned Investigating Officer had met with an accident while on duty and was bed-ridden for two and half of months for which the investigation could not be progressed so as to submit the prosecution report within the stipulated time of 180 days. It was further mentioned in the petition that the concerned Investigating Officer joined his duty on 07.04.2018 and hence, one month time was prayed for to complete the investigation. On the submissions made on behalf of the petitioner, learned trial court was asked to submit the copy of the application made by the Public prosecutor, which has been submitted and is on record.