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Judgment
Savitri Ratho, J
Mr. P.K. Muduli, learned Addl. Govt. Advocate for the State submits that he has received the written instructions from the I.O. that the petitioner is not involved any other offence.
Perused the report dated 13.07.2023 received from the learned Special Judge, Malkangiri in-charge, wherein it has been stated that the cognizance of offences under Section 20(b)(ii)(C)/ 27-A of the NDPS Act had been taken against the petitioner and six others namely Shyama Muduli, Bhagaban Golory, Hari Pangi, Dambaru Khilla, Paturu Kotaya, Arjun Hantal, Nanda Khilla and Samara Nayak @ Pangi in the case, showing the other accused person other than Bata Sinabai who had been arrested at the spot as absconders, the case was split up against Bata Sinabai and fixed for framing of charge. The present petitioner was apprehended on 17.04.2023 on the strength of NBW of arrest, but charge has not been framed against him due to non-apprehension of the other accused persons. Thereafter, the case stands posted to 17.07.2023 for production of the absconding accused persons.
Mr. J.K. Panda, learned counsel for the petitioner submits that since the statement of the co-accused Bata Sinabai is the only material implicating the petitioner, he is entitled to be released on bail in view of the decision of the Apex Court in the case of Tofan Singh -Vrs.- State of Tamil Nadu reported in (2021) 4 SCC 1.
List this case on 21.07.2023, for further hearing.
Registry is requested to call for a report from the Court of the learned Special Judge, Malkangiri regarding present status of the trial in C.T.(S) Case No. 45 of 2021 pending against co-accused Bata Sinabai..
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