The main legal point established in the judgment is the significance of timely filing of the charge sheet and the legal import of the preliminary and final reports in the context of taking cognizance of the offense under the N.D.P.S. Act.

JUDGMENT

V. Narasingh, J. - Since all the three BLAPLs arise out of the same P.S. Case (Chandrapur P.S. Case No.17 of 2020) (T.R. No.05/2022 on the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur), they were heard together on the consent of the parties and are being disposed of by this common judgment.

2. Heard Mr. S.D. Das, learned senior counsel for the Petitioner and Mr. K.K. Gaya, learned Addl. Standing Counsel.

3. The petitioner (Satendra Kumar) is an accused in connection with T.R. No.05 of 2020, pending in the file of the learned Additional Sessions Judge-cum-Special Judge, Gunupur, for alleged commission of offences under Sections 20(b)(ii)(C)/27-A/29 of the N.D.P.S. Act.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum-Special Judge, Gunupur, by order dated 22.07.2022 in the aforementioned case, the present BLAPL has been filed.

5. The undisputed facts are that the petitioner along with his two other co-accused namely, Raju Mehetwa @ Mahato (BLAPL No.7985 of 2022) and Anil Kumar Pandit (BLAPL No.11197 of 2022) were taken into custody on 27.05.2020 for alleged commission of offences under Sections 20(b)(ii)(C)/27-A/29 of the N.D.P.S. Act, 1985 for carrying contraband (Ganja) to the tune of 245Kgs.

6. On 22.11.2020, the Investigating officer submitted the charge-sheet, styling the same as 'preliminary charge-sheet' on the 179 th day, keeping the investigation open under Section 173(8) of the Code of Criminal Procedure, 1973 (Code).

7. The order passed by the learned Special Judge on 22.11.2020 is culled out hereunder:-

T.R.-5/2020

'The case record is put up today as the I.O. of this case is submitted the Preliminary Charge Sheet no.29, Dtd. 22.11.2020 u/S 20(b)(ii)(C) of N.D.P.S. Act against the accused persons namely 1. Anil Kumar Pandit, S/O- Late Jagadish Pandit of Village- Near Pratapnagar Sabeli, P.S- Nandangari, Madoli-93, North-East Delhi, 2. Satendra Kumar, S/O- Sriram Pritsa of Village- Srirampur, P.S- Bella, Dist-Sitamani (Bihar) and 3. Raju Mehetwa, S/O-Sukan Mehetwa of Village-Kharrabisampur, P.S-Behla, Dist- Korihari (Bihar) and has kept the investigation open as per 173(8) of Cr.P.C for arrest of the other two accused persons namely Duli Bibar and Abhiram Bibar. He also submitted sixteen sheets of Case Diary, eleven sheets of statement u/S. 161 Cr.P.C, two sheets of Spot Map, four sheets of Seizure list, two sheets of Zimanama and other connecting documents (in total 60 sheets). Tag the same in the case record.

Perused the preliminary charge sheet & other connecting papers and found that there is a prima facie material against the accused persons namely. 1. Anil Kumar Pandit, 2. Satendra Kumar and 3. Raju Mehetwa for commission of offence u/S 20(b)(ii)(C) of the N.D.P.S. Act. Hence, cognizance of the offence u/S 20(b)(ii)(C) of the N.D.P.S. Act is taken against the above named accused persons.

Put up on date fixed for submission of Final Charge sheet and further order.'

8. On 11.08.2021, the Investigating Officer submitted the 'final charge-sheet' and the order passed is quoted hereunder:-

T.R.05/2020

'The record is put up today as the I.O. of this case is submitted Final Charge Sheet vide C.S.19 dated 31.07.2021 for the offence u/S- 20(b)(ii)(C)/27-A/29 of the N.D.P.S. Act, against accused person namely

1. Anil Kumar Pandit, aged about- 43 years, S/o-Late Jagadish Pandit of Village- Near Pratap nagar Sabeli, PS: Nandangiri, Madoli-93, North east Delhi,

2. Satendra Kumar, aged about 27 years S/O-Sriram Krishna vill: Srirampur, Ps- Bella, Dist-Saltamani (Bihar), 3. Raju Mehetwa, aged about 19 years S/O: Sukan Mahetwa, Vill: Kharrabisampur, PS: Behla, Dist- Korihari (Bihar) 4. Duli Bibara aged about 56 years, S/O: Late Mani Bibara of Vill Gerengaguda PS: Chandrapur Dist: Rayagada 5. Abhiram Bibara, aged about 31 years, S/O: Duli Bibara, Vill: Gerengaguda, PS: Chandrapur, Dist: Rayagada showing accused person namely Abhiram Bibar