Back
IN THE HIGH COURT OF ORISSA, CUTTACK
S.K. Sahoo, J.
Naresh Digal - Appellant
Versus
State Of Odisha - Respondent
BLAPL No. 4652 of 2020
Decided On : 27-01-2021
N.D.P.S. Act - Bail Application - Section 439 - 20(b)(ii)(C), 25, 27-A, 29 - 36-A(4) - The court discussed the provisions of the N.D.P.S. Act, particularly section 36-A(4) and its proviso, which allows for extension of the investigation period beyond 180 days. The court emphasized the requirement of providing fair opportunity to the accused to oppose the extension sought by the prosecution, and held that the extension order was not in accordance with law, entitling the petitioner to be released on bail.
Fact of the Case:
The petitioner applied for bail under section 439 of Cr.P.C. in connection with a case under the N.D.P.S. Act for alleged transportation of ganja. The investigating officer sought an extension of the investigation period beyond 180 days, which was granted without providing a fair opportunity for the accused to oppose the extension.
Finding of the Court:
The court found that the extension order was not in accordance with law, and therefore, the petitioner was entitled to be released on bail.
Issues: The main issue was the validity of the extension of the investigation period under section 36-A(4) of the N.D.P.S. Act without providing a fair opportunity for the accused to oppose the extension.
Ratio Decidendi: The court held that the extension of the investigation period must be granted after complying with the principles of natural justice and providing a fair opportunity for the accused to oppose the extension sought by the prosecution.
Final Decision: The court allowed the prayer for bail and ordered the release of the petitioner on bail in the case.
JUDGMENT
S. K. Sahoo, J. - This matter is taken up through Video Conferencing.
2. Heard Mr. Saktidhar Das, learned Senior Advocate appearing for the petitioner and Mr. Deepak Ranjan Parida, learned counsel for the State.
3. This is an application for bail under section 439 of Cr.P.C. in connection with K. Nuagaon P.S. Case No.30 of 2020 corresponding to C.T. Case No.25 of 2020 pending in the Court of learned Special Judge -cum- Addl. Sessions Judge, Balliguda for alleged commission of offences under sections 20(b)(ii)(C), 25, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter *N.D.P.S. Act').
4. The prayer for bail of the petitioner has been rejected by the learned Special Judge -cum- Addl. Sessions Judge, Balliguda by order dated 17.06.2020.
5. The prosecution case, in short, is that on 09.06.2020 at about 8.00 p.m. as per direction of I.I.C., K. Nuagaon P.S., the informant Prakash Kumar Pradhan, S.I. of Police, K. Nuagaon police station along with his staff had been to perform their night patrolling duty and while performing their duty at Purun Nuagaon area, at about 8.10 p.m. the informant got information from D.S.P. I/C Balliguda police stattion Sri Manoj Kumar Pujhari that a Mahindra Bolero Maxx Pik-Up vehicle bearing Registration No. WB 57-B-9682 crossed Balliguda Naka post in a high speed in suspicious manner. The informant and his staff proceeded immediately towards Daringbadi and on the way at Sirtiguda bazaar, due to rash and negligent driving of the driver of the said Bolero vehicle, it slipped near a under construction bridge and could not proceed ahead. S.I. Sri Pradhan could notice four persons who were sitting inside the Bolero started running to evade arrest by the police. However, they could manage to catch hold of two persons while other two persons fled away from the spot. On interrogation, the apprehended persons disclosed their identity so also identity of two absconding accused persons and confessed their guilt that they were transporting ganja towards Kolkata for selling purpose. They also disclosed that they procured ganja from one Sunil Digal of village Sindrigaon. The informant sent constable C/77 Sibaram Mallick to arrange two independent witnesses and a weigh man from the locality and the informant also commanded the driver HG/498 Babula Pradhan to bring his laptop, printer, generator, brass seal, packing and sealing materials with requisition for deputation of a gazetted police officer to the spot as the spot was highly naxal affected area. On being asked in Hindi language, the accused persons agreed to be searched in presence of gazetted officer. Accordingly, the accused persons and other independent witnesses were searched personally. The S.D.P.O., Balliguda recovered cash of Rs.2560/- one Motorola mobile phone from accused Choton Sk. He also recovered one DL, one Xerox copy of RC book of Bolero vehicle bearing No. WB 57-B-9682 stands recorded in the name of owner Jahanara Bibi Sekh, one insurance certificate of that vehicle, one Vivo mobile phone from accused Jayanal Ansari and seized those articles and prepared seizure list at the spot in presence of witnesses. The informant searched the vehicle in presence of S.D.P.O. and independent witnesses and found twenty six polythene packets wrapped with cello tape kept in a concealed manner under ten potato bags in the Dala of the vehicle. The informant opened all the twenty six bags and kept it on a polythene on the ground and homogenously mixed and prepared eleven numbers of new packets (ten packets containing 12 kgs 200 grams each and another one packet containing 10 kgs 800 grams), in total 132 kgs. 800 grams and without bags, it was 131 kgs. 700 grams. The ganja was weighed and seized and brought to the police station along with accused persons Choton Sk and Jayanal Ansari. The informant presented a written report at the police station and the I.I.C., K. Nuagaon P.S. registered the case and directed S.I. P. Nayak to take
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
