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IN THE HIGH COURT OF DELHI AT NEW DELHI
CHANDRASEKHARAN SUDHA,
Deepa Singh – Appellant
Versus
State, (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. appeals under mcoca (Para 1) |
| 2. arguments on jurisdiction of link judge (Para 2 , 3) |
| 3. extension of investigation period (Para 5 , 6) |
| 4. power and limitations of special courts (Para 7 , 9) |
| 5. jurisdictional considerations under mcoca (Para 10 , 12 , 19) |
| 6. no unlawful detention despite judge's absence (Para 20 , 21) |
| 7. need for additional judges in special courts (Para 22 , 23) |
| 8. conclusion on appeals (Para 24 , 25 , 26) |
JUDGMENT :
CHANDRASEKHARAN SUDHA, J.
1. These appeals under Section 12 of the Maharashtra Control of Organised Crime Act, 1999, (the MCOCA) have been filed by the accused persons in Crime No. 186/2025, Sultanpuri, Police Station aggrieved by the order dated 18.12.2025 as per which the trial court dismissed their applications for default bail. The appellants/accused persons as per the aforesaid FIR are alleged to have committed the offences punishable under various Sections of the Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act), Section 113 and 238 of Bharatiya Nyaya Sanhita, 2023; Section 18 (c) of the Drugs and Cosmetics Act, 1940 and Sections 3 and 4 of the MCOCA.
2. According to the learned counsel for the appellants/accused perso
Jurisdiction under MCOCA is restricted to designated Special Courts, and any extension of investigative custody requires adherence to statutory protocols to ensure legality of judicial actions.
In a case where accused is facing investigation for offences under UA(P) Act together with offences under NDPS Act, concerned Sessions Judge, until a Special Court under Section 36 of NDPS Act is con....
The requirements for extending investigation periods under MCOCA were upheld, clarifying that procedural lapses do not invalidate arrests if rights are protected.
Until a Special Court is constituted by State Government under sub-Section (1) of Section 22 of NIA Act, in case of registration of any offence punishable under UAPA, Court of Sessions of division in....
The Special Court designated under the POCSO Act is the sole authority to grant anticipatory bail under S.438 of Cr.P.C., excluding the Sessions Court.
Detention - Order granting or extending judicial custody of accused - It is clear that jurisdiction to extend detention of an accused beyond period of 90 days in relation to case where accused is boo....
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
Procedural irregularities in the trial under the NDPS Act do not invalidate the proceedings unless they result in a failure of justice.
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
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