SK. EIMAT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Since a common question of law is involved, both the cases have been clubbed and taken up together for disposal.

(2.) CRLMC No.2033 of 2022: The petitioner herein was arrested in connection with an incident dtd. 10/9/2021 towards recovery and seizure of 264 grams of contraband substance suspected to be Brown sugar which corresponds to Special Case No.235 of 2021 pending in the file of learned Special Judge, Balasore and was remanded to judicial custody and later chargesheeted, whereupon, the court took cognizance of an offence under the NDPS Act. The petitioner thereafter moved an application for bail under Sec. 167(2) Cr.P.C. on the ground that the preliminary chargesheet though filed but is incomplete, since it is not accompanied with a Chemical Examination Report and hence, he entitled to default bail. However, the learned Special Judge, Balasore rejected the plea of the petitioner by impugned order dtd. 15/7/2021.

(3.) CRLMC No.2428 of 2022: In the instant case, the petitioner was alleged to be involved in possession of 325 grams of Brown sugar which was recovered from him and for that, he was forwarded in connection with Special Case No.34 of 2022 pending before the court of learned Special Judge, Balasore. Like the other case, the petitioner applied for default bail under Sec. 167(2) Cr.P.C. but the same was rejected.