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Judgment
12 paragraphs · 274 wordsV. Narasingh, J
Heard learned Senior Counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with Spl. G.R. Case No.39 of 2021, pending before the Court of the learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Mathili P.S. Case No.43 of 2021, for commission of alleged offences under Section 20(b)(ii)(C) of NDPS Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Malkangiri by order dated 12.01.2024 in the aforementioned case, the present BLAPL has been filed.
By order dated 15.02.2024, this Court called for a report from the learned Court in seisin on the following counts.
(i) Stage of trial.
(ii) As to whether the order passed in BLAPL No.3649 of 2023 was placed for consideration before the said Court.
A report has been received in this Court dated 29.02.2024 in which it is stated that 7 out of 19 witnesses have been examined and the case was posted to 22.03.2024, but surprisingly enough, the learned Special Judge’s response is conspicuously silent relating to the specific query as to whether the earlier order of this Court was brought to his notice or not.
Prima facie, this Court does not appreciate the manner in which the response has been submitted.
Be that as it may, list this matter on 06.04.2024 by which date specific instruction be called for from the learned Special Judge as to whether the earlier order of this Court referred to hereinabove was placed before him or not.
Registry is requested to do the needful.
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