JUDGMENT

The Petitioner has prayed to release him on bail under Section 439 Cr.P.C. He was arrested and remanded to custody on 4th September 2021 in connection with S.T.F. P.S. Case No.31 dated 3rd September 2021 for alleged commission of offences under Sections 21(c)/29 of the N.D.P.S. Act for transporting and possessing 1 kg 34 grams of brown sugar (heroin). Since then, the Petitioner is inside custody in connection with the aforesaid Police Case corresponding to T.R. Case No.126 of 2021 in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Khordha.

2. The prayer for his release on default bail in terms of the provisions contained in Section 167 (2) of the Cr.P.C. read with Section 36-A(4) of the N.D.P.S. Act was earlier rejected by this Court in CRLMC No.625 of 2022. This Court in its order dated 25.04.2022 have held as follows:—

“xxx xxx xxx

2. Law is no more res integra on this issue. Recently in the case of M. Ravindran vs. Intelligence Officer, Directorate of Revenue Intelligence, (2021) 2 SCC 485, the Hon’ble Supreme Court has reiterated the law that the date on which the accused was remanded to judicial custody has to be excluded from calculation of sta