BAIKUNTHA SUTARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) These bail petitions have been filed by two of the accused persons who were unsuccessful earlier to obtain bail and as common questions of law and fad are involved, they are disposed of by this common order.

(2.) On 18-8-1987, the Officer-in-Charge of Madhupalna Police Station of Cuttack town himself lodged FIR against the petitioners on suspicion that they were engaged in manufacture, distribution and sale of adulterated and spurious drugs and life saving medicines. They were arrested and produced in the Court of the Sub-Divisional Judicial Magistrate, Cuttack on 21-8-1987 along with some other accused persons and on the same day the order of remand was passed. Investigation into the case was conducted and on 16-11-1987 charge-sheet against the petitioners and two other accused persons designated as "preliminary charge-sheet" was submitted in the Court. The same was dealt with on 18-11-1987 and the learned Sub-Divisional Judicial Magistrate took cognizance of several offences against the petitioners. It appears from the records of the case that the police case diary, several documents and statements were also produced in the Court.

(3.) Mrs. A.K. Padhi, learned counsel appearing for one of the petitioners, urged that investigation into the case is not yet complete. The preliminary charge-sheet is not a charge-sheet according to S.173(2) and (5) of the Criminal P.C. ('Code' for short). Therefore, no charge-sheet according to law having been filed so far, the petitioners are entitled to be released on bail Under the proviso to S.167(2) of the Code. Mr. D.P. Sahu, learned Standing Counsel, on the other hand contended that investigation of the case is complete except that the Expert Opinion has not been received : although the charge-sheet in the case has been designated as "preliminary charge-sheet", it is, in fact, a charge-sheet under S.173(2) and (5) of the Code and all material particulars have been furnished therein. Added to that, the police case diary, statements and documents have been furnished in court, as and when the Expert opinion will be received, a further charge-sheet as contemplated in Sub-Sec. (8) of S.173 shall be submitted, therefore, the charge-sheet having been submitted within 90 days of the date of remand, the petitioners are not entitled to hail as a matter of right.