ISWAR TIWARI Vs. STATE OF ODISHA
LAWS(ORI)-2020-8-7
HIGH COURT OF ORISSA
Decided on August 20,2020

Iswar Tiwari Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

S.K.PANIGRAHI,J. - (1.) The present application seeking bail under Section 439 of the Code of Criminal Procedure, 1973 has been preferred in connection to an FIR against the present Petitioner and other accused persons which was registered as Jeypore Sadar P.S. Case No. 72 dated 15-04-2019, U/s 20(b)(ii)C/29 of the N.D.P.S., Act, corresponding to T.R. Case No. 19 of 2019 pending in the file of the learned Dist. and Sessions Judgecum- Special Judge, Koraput at Jeypore.
(2.) The brief facts of the case, shorn of unnecessary details, is that while the informant along with other staff were performing their patrolling duties, they noticed that one full body truck bearing Regd. No. UP- 78-DJ-0111 carrying five persons including the driver were being escorted by one Toyota Innova vehicle boarded by one person i.e. the driver of the Car. They were allegedly coming from Jeypore side and over took the Bolero Vehicle of the Informant at Teliguda chhak, at a very high speed making them suspicious. Thereafter, the informant allegedly chased the said vehicles and detained the accused. On search, the informant found plastic bottles and polythene bags which were loaded inside and also emitting some pungent smell. Thereafter, upon further search, the informant and his staff discovered eleven polythene packets containing 270kg 200gms of Ganja from the said truck.
(3.) The Petitioner along with other accused persons were forwarded to the court of Learned Sessions Judge-cum-Special Judge, Koraput at Jeypore on 15.04.2019. Thereafter, one S.I. Sima Pradhan of Jeypore Sadar Police Station was directed to commence investigation. During investigation, the case was posted on 4.10.2019 before the Ld. Sessions Judge-cum-Special Judge, Koraput at Jeypore awaiting receipt of the chargesheet. On the same day, the I.O. has submitted up-to-date case diary, statement U/S 161 of Cr.PC and other connected papers. He also moved an application to extend the stipulated time for submission of chargesheet for a further period of 60 days on the ground that although the major part of the investigation had been completed, but the ownership particulars of the seized vehicle were yet to be received from the RTO, Koraput. On that ground, an application for extension of 60 days time to submit the charge sheet was sought by the prosecution, after an elapse of the statutory period of 180 days i.e. the stipulated period was going to expire on 12.10.2019.;


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