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M. NIRMAL KUMAR
Arun – Appellant
Versus
State, Rep. by, The Inspector of Police, PEW, P. S. Pallikaranai. Crime No. 208 of 2023 – Respondent
ORDER :
M. Nirmal Kumar, J.
(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.8733 of 2023 dated 09.01.2024 by the learned Principal Special Court under EC NDPS Act Cases at Chennai by allowing this Revision Petition.)
The petitioner has filed a statutory bail in Crl.M.P.No.8733 of 2023 in Crime No.185 of 2023 before the learned Principal Special Judge, Principal Special Court Under EC & NDPS Act, Chennai. The learned Judge vide order, dated 09.01.2024 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 for offence under Sections 8(c), r/w 22(C) and 22(b) of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') in Crime No.208 of 2023. The accused was arrested on 19.05.2023. 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., on 15.11.2023. Earlier to it, the respondent Police filed a petition under Section 36-A(4) of NDPS Act
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 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 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 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 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 accused's right to statutory bail under Section 167(2) of the Cr.P.C. is violated if the extension for investigation is not properly notified, infringing upon their rights under Article 21 of the....
The right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.
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....
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