Back
M. NIRMAL KUMAR
Manoj Rewani – Appellant
Versus
State rep by The Inspector of Police, PEW, Gummidipoondi PS, Thiruvallur – Respondent
JUDGMENT :
(Prayer: Criminal Revision is filed under Section 397 r/w 401 Cr.P.C. of the Code of Criminal Procedure, to set aside the order of dismissal passed by the learned Principal Special Judge under EC & NDPS Act, Chennai in the petition filed u/s167(2) of Cr.P.C in Crl.M.P.No.1619 of 2024 order dated 26.02.2024 in Cr.No.326 of 2023.)
1. The petitioner/A1 has filed a statutory bail in Crl.M.P.No. 1619 of 2024 in Crime No.326 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dated 26.02.2024 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 and other accused for the offence under Sections 8(c) r/w. 20(b)(ii)(C), 25 and 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.326 of 2023. The accused was arrested on 17.08.2023. Since the investigation not completed and charge sheet not filed, the petitioner on 182nd day filed statutory bail under Section 167(2) Cr.P.C., on 06.02.2024. Earlier to it
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 obligations of the concerned Magistrate to promptly consider ....
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 prosecutor's obligations in seeking extension of time under S....
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 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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
