Manoranjan Das vs State Of Odisha
2023 Latest Caselaw 10303 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.6934 of 2023

                 Manoranjan Das                 ....                 Petitioner
                                                     Mr. D.K. Panda, Advocate
                                          -versus-

             State of Odisha                    ....             Opposite Party

                                                         Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

29.08.2023 Order No.

05. 1. Heard learned counsel for the Petitioner and the learned counsel for the State.

2. It is apt to note that the Petitioner claiming violation of indefeasible right under Section 167(2) Cr.P.C. read with Section 36- A(4) of the N.D.P.S Act had moved this Court in CRLMC No.652 of 2022 and by judgment dated 25.04.2022, a Coordinate Bench of this Court rejected the plea of the Petitioner referring to the law governing the field then, namely, the judgment of the apex Court in the case of M. Ravindran vrs. Intelligence Officer, Directorate of Revenue Intelligence, (2021) 2 SCC 485.

3. Relying on the judgment of the apex Court in the case of Enforcement Directorate, Government of India vrs. Kapil Wadhawaqn and another etc., 2023 SCC Online SC 972, disposed of on 27.03.2023, it is urged that since as per the latest judgment of the apex Court date of remand is to be taken into

account while calculating the period in applying the proviso (a)(ii) of Section 167(2) Cr.P.C, the matter merits consideration of this Court afresh.

4. In effect, in my humble view, it amounts to seeking review of the order passed by the Coordinate Bench, which has been adverted to hereinabove.

5. Hence, in fitness of things, keeping in view judicial propriety, as the subject-matter of lis relates to reassertion of claim of default bail, since adjudicated by a Coordinate Bench, the matter need to be placed before Hon'ble the Chief Justice, for seeking his kind permission for placing this BLAPL before the Coordinate Bench which dealt with the earlier application.

6. As the matter relates to default bail, as it is known in common parlance, Registry is requested to take expeditious steps in this regard preferably within next three working days.

(V. NARASINGH) Judge PKS

Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cuttack Date: 30-Aug-2023 11:14:20