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Judgment
Savitri Ratho, J
1.This matter is taken up by hybrid mode.
Heard Mr. S. Rout, learned counsel for the petitioner and Mr. L. Samantaray, learned Addl. Govt. Advocate for the State.
Mr. Rout, learned counsel for the petitioner prays for an adjournment in order to produce a copy of the bail order of the petitioner in the case which has been registered against him under Section 20(b)(ii)(c) of the N.D.P.S. Act and the decisions which state that where the accused is implicated on the basis of the co-accused statement must be released on bail.
Perused the report dated 09.09.2021 of the learned C.J.M. - Cum- A.S.J., Deogarh who has informed that the accused was spared by the District & Sessions Judge -cum- Special Court, Sundargarh for three days for the purpose of commitment and on 21.09.2020 the accused was produced from the Special Jail, Sundargarh before the Court of S.D.J.M., Deogarh and on the same day he was committed to the Court of Sessions under Section 209 of Cr.P.C. and on the same day the accused was produced before the Court of Sessions, Deogarh and subsequently the case record along with the accused was transferred to this Court for disposal according to law as the original case record in S.T. Case No.41/30 of 2017 arising out of C.T. Case No.764 of 2016 was pending before that Court with an instruction to return the accused to the Special Jail, Sundargarh as the accused was spared by the Special Judge, Sundargarh for three days only. On 22.09.2020 charge under Sections 395/120-B of I.P.C. has been framed against the accused and he was returned to Sundargarh wherein he is facing trial in Special G.R. Case No.11 of 2014 under Section 20(b)(ii)(c) of the N.D.P.S. Act and the case is now posted to 20.09.2021 for hearing awaiting sparing of the accused from the Court of District & Sessions Judge -cum- Special Court, Sundargarh.
Registry is directed to call for a report from the Court of learned C.J.M. -Cum- A.S.J., Deogarh regarding progress of trial in S.T. Case No.26 of 2020 (ST. Case No.26/2 of 2020) as the next date in the trial had been fixed to 20.09.2021.
List this case on 01.11.2021.
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