RAMAKANTA TURUK@HARIJAN Vs. STATE OF ODISHA
LAWS(ORI)-2020-10-1
HIGH COURT OF ORISSA
Decided on October 19,2020

Ramakanta Turuk@Harijan Appellant
VERSUS
STATE OF ODISHA Respondents

JUDGEMENT

B.P.Routray, J. - (1.) The petitioner in this application under Section 439 Cr.P.C. has prayed to release him on default bail.
(2.) The facts of this case in short are that, five accused persons were arrested while illegally transporting the contraband ganja (cannabis) weighing 411kg. 800grams in two vehicles, by the Sub-Inspector of Police of Jaypore Sadar Police Station pertaining to F.I.R.No.95 dated 11.6.2019. Accordingly, T.R.No.34 of 2019 was registered before the learned Sessions Judge-cum-Special Judge, Koraput-Jeypore for commission of offences under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as "the N.D.P.S. Act"). In the said case, the present petitioner was taken to custody on remand on 6.1.2020 for the aforestated offences read with Section 29 of the N.D.P.S. Act. On 6.7.2020 after completion of 180 days of custody, the petitioner filed an application before the learned Sessions Judge-cum-Special Judge, KoraputJeypore to release him on default bail in terms of Section 167(2) of the Code of Criminal Procedure (in short "the Cr.P.C"). The said prayer of the petitioner was rejected by the learned Sessions Judge-cum-Special Judge on the same day on the ground that Section 37 of the N.D.P.S. Act overrides the provision of the Cr.P.C. and the accused is not thus entitled to bail under Section 167(2).
(3.) On the next day i.e., on 7.7.2020, chargsheet no.165 dated 1.7.2020 was filed against the present petitioner before the learned Sessions Judge-cum-Special Judge and consequently cognizance for the aforesaid offences was taken in respect of the accused.;


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