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1. Since all the three BLAPLs arise out of the same P.S. Case (Chandrapur P.S. Case No.17 of 2020) (T.R. No.05/2022 on the file of learned Additional Sessions Judge-cum-Special Judge, Gunupur), they were heard together on the consent of the parties and are being disposed of by this common judgment.

2. Heard Mr. S.D. Das, learned senior counsel for the Petitioner and Mr. K.K. Gaya, learned Addl. Standing Counsel.

3. The petitioner (Satendra Kumar) is an accused in connection with T.R. No.05 of 2020, pending in the file of the learned Additional Sessions Judge-cum-Special Judge, Gunupur, for alleged commission of offences under Sections 20(b)(ii)(C)/27- A/29 of the N.D.P.S. Act.

4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cum- Special Judge, Gunupur, by order dated 22.07.2022 in the aforementioned case, the present BLAPL has been filed.

5. The undisputed facts are that the petitioner along with his two other co-accused namely, Raju Mehetwa @ Mahato (BLAPL No.7985 of 2022) and Anil Kumar Pandit (BLAPL No.11197 of 2022) were taken into custody on 27.05.2020 for alleged commission of offences under Sections 20(b)(ii)(C)/27-A/29 of the N.D.P.S. Act, 1985 for carrying contraband (Ganja) to the tune of 245Kgs.

10. At the outset, it is submitted by the learned State counsel that before the learned Court in seisin infringement of such indefeasible right on non filing of the charge sheet/final form within the stipulated period, in the face of non extension of the time limit in terms of Section 36-A(4), detention being illegal was never urged. Hence, learned State counsel submitted that on the said count alone, the BLAPL is liable to be rejected.

11. In view of the authoritative pronouncements of the apex Court relating to the indefeasible right of an accused, this Court notwithstanding that such a ground is being canvassed for the first time in this BLAPL, proceeds to consider the same on its own merits.

12. Learned senior counsel Mr. Das for the petitioner has relied upon the following judgments to fortify his submissions.

(i) Sanjay Kumar Kedia @ Sanjay Kedia Vs. Narcotics Control Bureau and Another - (2009) 17 SCC 631

(ii) M. Ravindran vs. Intelligence Officer, Directorate of Revenue Intelligence - (2021) 2 SCC 485

(iii) Sk. Raju @ Raju & Others Vs. State of Odisha (CRLMC No.1 of 2020 disposed of on 01.07.2020) (OHC) 12(A). Learned counsel Mr. M.M. Swain appearing in BLAPL No.7985 of 2022 and learned counsel Mr. B.P. Pradhan appearing in BLAPL No.11197 of 2022 adopted the submission of the learned senior counsel.