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M. NIRMAL KUMAR
Ranjithraj – Appellant
Versus
State Of Tamil Nadu Represented by The Inspector of Police, Chennai – Respondent
JUDGMENT :
(Prayer: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records in Crl.M.P.No.10030 of 2023 and set aside the impugned order dated 06.01.2024 passed by the learned Principal Sessions Judge under EC & NDPS Act, Chennai and further enlarge the petitioners on bail.)
1. The petitioners/A1 & A2 filed a statutory bail in Crl.M.P.No.10030 of 2023 in Crime No.442 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dated 06.01.2024 dismissed the same, against which, the present Criminal Revision Case.
2. The learned counsel for the petitioners submitted that the respondent Police registered a case against the petitioners/A1 & A2 for offence under Sections 8(c), 20(b)(ii)(C), 25 & 29(1) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and 120B IPC in Crime No.442 of 2023. Since the investigation not completed and charge sheet not filed, the petitioner on 181st day filed statutory bail under Section 167(2) Cr.P.C., through online on 24.12.2023. Earlier to it, the respondent Police filed a petitio
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 court must take prompt action to enforce this right, restricting t....
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 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 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 limitations on the Prosecutor's rights under Section 36-A(4) ....
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 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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