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K. LAKSHMAN, K. SUJANA
Nossam Mohammed Yunus – Appellant
Versus
State of Telangana – Respondent
JUDGMENT
K. Lakshman, J.—Heard Sri Hussain Aamir, learned counsel, representing Sri T.Rahul, learned counsel for appellant and Sri P.Vishnuvardhan Reddy, learned Special Public Prosecutor, appearing for National Investigation Agency (NIA).
2. Feeling aggrieved and dissatisfied with the order dated 22.09.2023 passed in Crl.M.P.No.1204 of 2023 by learned IV Additional Metropolitan Sessions Judge – cum – Special Court for NIA Cases, Nampally, at Hyderabad (hereinafter referred to as Designated Court) arising out of RC-03/2022/NIA/HYD, the appellant/A.31 preferred the present appeal.
Facts:-
3. The appellant herein is A.31 in the aforesaid crime. Investigation was entrusted to NIA on 26.03.2022. The Investigating Officer has arrested the appellant/A.31 on 13.06.2023 and he was sent to judicial custody on 14.06.2023.
4. The Investigating Officer had filed an application vide Crl.M.P.No.799 of 2023 seeking police custody of the appellant herein for a period of seven (7) days. Vide order dated 04.07.2023, learned Designated Court allowed the said application and police custody of the appellant/A.31 was given for a period of 5 days from 06.07.2023 to 10.07.2023.The said application was file
Second application filed by NIA seeking police custody beyond 30 days of remand of accused is maintainable.
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....
Court affirmed the need for detailed justification in extending custody under UAPA, emphasizing individual assessment and validating the ongoing necessity of detention for national security investiga....
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....
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