The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1621 of 2024 An application under Section 439 of the Code of Criminal Procedure, 1973. Milind Chikte .…. Petitioner -versus- State of Odisha …… Opp. Party BLAPL No. 1772 of 2024 Subham Sanjay Sinde .…. Petitioner -versus- State of Odisha …… Opp. Party ----------------------------------------------------------------------------- For Petitioner
Legal Reasoning
: Mr. K. A. Guru, Advocate For Opp. Party Counsel ----------------------------------------------------------------------------- : Mr. G. N. Rout, Addl. Standing CORAM: HONOURABLE MISS JUSTICE SAVITRI RATHO JUDGMENT 19.02.2025 Savitri Ratho, J. This is the second bail application of the petitioners under Section 439 of Cr.P.C. in this Court for grant of bail in connection with Padwa P.S. Case No. 69 of 2023 corresponding to T.R. Case No. 65 of 2023 pending in the Court of BLAPL No. 1621 of 2024 & BLAPL No. 1772 of 2024 Page 1 of 8 the learned Addl. Sessions Judge -cum- Special Judge, Koraput under Sections 20(b)(ii)(C), 29 of NDPS Act. 2. BLAPL No. 11470 of 2023 filed by the petitioner Milind Chikte and BLAPL No. 12079 of 2023 filed by the petitioner Subham Sanjay Sinde had earlier been dismissed on 23.11.2023 granting liberty to the petitioners to approach the learned Court below for bail afresh. 3. Thereafter the petitioners had moved the learned court below for bail and their prayers for bail have been rejected on 19.01.2024 by the learned Special Judge, Koraput. 4. The prosecution case in brief is that when the S. I. of police and his staff of Padwa P.S. got reliable information regarding transportation of ganja in a Black XUV car bearing Registration No. MH-20-CS-9800 towards from Doragua side to Padwa, they proceeded to the spot. They detained the vehicle near Badabebata Temple, Padwa on SH 52. But the driver of the vehicle escaped from the spot and police detained the present two accused persons and seized 151 kg of contraband ganja from their exclusive and conscious possession. BLAPL No. 1621 of 2024 & BLAPL No. 1772 of 2024 Page 2 of 8 5. Mr. K. A. Guru, learned counsel for the petitioner submitted that the petitioners are in custody since 18.05.2023 and preliminary charge sheet has been filed on 09.11.2023 keeping the investigation open under Section 173(8) of the Cr.P.C. Charge has not yet been framed in the case. He also submits that the chemical examination report has not been submitted with the preliminary charge sheet for which the petitioners are entitled to be released on bail. He relies on the decision of the Supreme Court in the case of Ritu Chhabaria vs. Union of India and Others, reported in 2023 SCC OnLine SC 502, where the Supreme Court held as follows; “33. In view of the above mentioned discussions, the issues framed by us stand answered as under:- I. Without completing the investigation of a case, a chargesheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail under Section 167(2) of the CrPC. II. Such a chargesheet, if filed by an investigating authority without first completing the investigation, would not extinguish the right to default bail under Section 167(2) CrPC. BLAPL No. 1621 of 2024 & BLAPL No. 1772 of 2024 Page 3 of 8