IMPORTANT POINT
Right to be released on default bail is akin to fundamental right to liberty guaranteed under Article 21 of Constitution of India.

ORDER

Sashikanta Mishra, J.—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 Section 167(2) of the Code of Criminal Procedure and Section 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 & 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 Section 21(c)/29 of NDPS Act. In the present application filed under Section 482 Cr.P.C., the petitioner seeks to challenge the order dated 20.02.2023 passed by the said Court in rejecting his application filed under Section 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 03.09.2021, 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 04.09.2021 and steps were taken to apprehend the other accused persons, who had absconded. Charge sheet No. 9 dated 10.03.2022 was submitted against Manoranjan Das under Sections 21(C)/29 of NDPS Act keeping the investigation open under Section 173(8) of Cr.P.C. On 17.08.2022, 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 28.05.2022. On 20.02.2023, the petitioner filed an application under Section 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 dated 20.02.2023, the Court below observed that the I.O. had submitted charge sheet No.9 dated 10.03.2022 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 Section 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 dated 12.02.2023 against (1) Manoranjan Das, (2) Sarat Chandra Sahoo (petitioner), (3) Sabir Alli and (4) Sk. Ismile under Sections 21(C)/29 of NDPS Act also keeping the investigation open under Section 173(8) of Cr.P.C. On such charge sheet, the Court took cognizance of the aforementioned offences by order dated 04.03.2023.

4. Heard Mr.A.S. Paul, learned counsel for the petitioner and Mr. S.K. Mishra, learned Addl. Standing Counsel for the State.

5. Mr. Paul would argue that the petitioner having been remanded on 17.08.2022, 180 days expired on 13.02.2023. Though the charge sheet No.5 submitted against the petitioner mentions the date 12.02.2023, yet the same was actually submitted in the Court on 22.02.2023, i.e.10 days after the expiry of 180 days. The petitioner was neither produced before the Court on 13.02.2023, i.e., on the 181st day nor his indefeasible right to be released on default bail was