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M. NAGAPRASANNA
Emmanuel Michael S/o Michael Peter – Appellant
Versus
Union of India Narcotic Control Bureau, Bengaluru – Respondent
ORDER :
1. The petitioner is before this Court calling in question order dated 20-05-2021 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bangalore in Special C.C. No. 768 of 2021 and as a consequence seeks a direction for eschewing the statement of the petitioner recorded between 21-05-2021 and 23-05-2021.
2. Facts, in brief, germane are as follows:
3. On the investigation continuing, another accused would emerge, Accused No. 3. He is a
Point of Law : Court exercising jurisdiction under Section 482 of Cr.P.C. or revision cannot eschew evidence even if it is evidence secured during illegal arrest or illegal custody of the accused.
Procedure when investigation cannot be completed in twenty four hours - No power to extend period prescribed in Section 167 for completing investigation on any grounds, even in name of COVID-19 pande....
No exceptions can be made to the statutory provisions under Section 167 of the Cr.P.C., even during the COVID-19 pandemic. Police custody after the expiry of the initial 15 days is not permissible, a....
The court ruled that for offences punishable up to ten years, police custody is limited to 15 days within the first 40 days of investigation, emphasizing the importance of timely investigations to pr....
The court emphasized the importance of balancing the requirements of investigation with the necessity for custodial interrogation, and highlighted the need for a responsible approach to custodial int....
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
Second application filed by NIA seeking police custody beyond 30 days of remand of accused is maintainable.
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