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M. NIRMAL KUMAR
K. Muskanja – Appellant
Versus
State, Rep. by, Inspector of Police, Chennai – Respondent
JUDGMENT :
(Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the order passed in Crl.M.P.No.788 of 2024 dated 13.02.2024 on the file of the Principal Special Judge under EC & NDPS Act, Chennai.)
1. The petitioner/A3 has filed a statutory bail in Crl.M.P.No.788 of 2024 in Crime No.275 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dated 13.02.2024 dismissed the same, against which, the present Criminal Revision Case.
2. The learned counsel for the petitioner submitted that the respondent Police registered a case against the petitioner/A3 and others for offence under Sections 8(c), 20(b)(ii)(c) & 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.275 of 2023. The accused were arrested on 20.07.2023. Since the investigation not completed and charge sheet not filed, the petitioner on 187th day filed statutory bail under Section 167(2) Cr.P.C., on 23.01.2024. Earlier to it, the respondent Police filed a petition under Section 36-A(4) of NDPS Act on 172nd day i.e., on 08.01.202
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C., and the court must take prompt action to enforce this right, restricting t....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the obligations of the concerned Magistrate to promptly consider ....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the conditions for granting extension of time for investigation u....
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the prosecutor's obligations in seeking extension of time under S....
The main legal point established is that the accused has an indefeasible right to default bail under Section 167(2) Cr.P.C. and the NDPS Act, and this right should not be denied due to delays or the ....
The accused's right to default bail under Section 167(2) Cr.P.C. remains enforceable, and the court must promptly decide on bail applications to prevent the prosecution from circumventing this right.
The main legal point established in the judgment is the accused's indefeasible right to default bail under Section 167(2) Cr.P.C. and the limitations on the Prosecutor's rights under Section 36-A(4) ....
The right to statutory bail under Section 167(2) Cr.P.C. is an indefeasible right that cannot be denied if the statutory period for filing a charge sheet is exceeded without proper extension and noti....
The accused has a constitutional right to default bail when statutory time limits for investigation are exceeded, and the absence of procedural safeguards in extension requests constitutes a violatio....
The right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.
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