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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice P.Velmurugan, J
Krishnakumari – Appellant
Versus
Union Of India – Respondent
ORDER :
This Criminal Revision Petition is filed to set aside the order dated 09.12.2024 made in Crl.M.P.No.13778 of 2024 on the file of the Principal Special Court under EC & NDPS Act, Chennai in R.R.No.37 of 2024 on the file of the respondent, as devoid of merits
2. The petitioners were arrayed as A4 and A6 in R.R.No.37 of 2024 on the file of the respondent-Police herein for the offences under Sections 8(c) read with 22(c), 27(A), 28 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as 'NDPS Act' for brevity]. The first petitioner-A4 was arrested and remanded to judicial custody on 17.06.2024 and the second petitioner-A6 was formally arrested on 25.06.2024 and produced before the Court on 26.06.2024 on P.T.Warrant and subsequently, remanded to judicial custody on 26.06.2024.
3. The case of the prosecution is that on 11.06.2024 at Service Road, near Revathi Stores, Redhills, Chennai, the respondent-Police seized 1.470 kgs of Amphetamine from the accused persons viz., Madhushan-A1 and Ajanthan-A2, who are Srilankan nationals. Based on the confession of A1 and A2, the confession statement of Anton Sanujan-A3 was recorded and thereafter, A1 to A3 we
The court upheld the extension of the investigation period under the NDPS Act, confirming that valid reasons and progress reports are essential for such extensions.
An accused has an indefeasible right to statutory bail if the investigation is not completed within the prescribed time, and procedural safeguards must be followed for extensions.
The accused must be afforded notice and the opportunity to be heard during remand extension proceedings, but failure of their counsel to appear does not automatically grant default bail if statutory ....
The court emphasized that granting extensions for investigations must adhere to procedural safeguards to protect the accused's right to statutory bail under Article 21.
The right to default bail under Article 21 is a constitutional guarantee, requiring adherence to procedural safeguards when extending investigation periods.
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 court established that extensions under Section 36A(4) of the NDPS Act require a Public Prosecutor's report and specific reasons for detention beyond 180 days.
The court emphasized the importance of the public prosecutor's independent application of mind and the need for specific and compelling reasons for seeking detention beyond the stipulated period unde....
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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