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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Dhanush – Appellant
Versus
State represented by The Inspector of Police, H8 Thiruvottiyur Police Station, Chennai – Respondent
ORDER :
(M. NIRMAL KUMAR, J.)
This Criminal Revision Case has been filed by Accused No.6 seeking to set aside the order dated 24.07.2024 in Crl.M.P.No.7867 of 2024.
2.Since the issue under consideration pertains to the grant of relief under statutory bail, the relevant facts of the case alone discussed for consideration of the above prayer.
3.The petitioner was arrested on 20.01.2024 along with other accused for illegal possession of 4.620 kgs. of Methamphetamine and 1.425 kgs. of Abin, both of which are of commercial quantity, and was remanded to judicial custody on 20.01.2024 for offences under Section 8(c) read with Section 18(b) , 22(c), 25, and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as ''the NDPS Act'']. They filed statutory bail petitions in Crl.M.P.No.7867 of 2024 on 17.07.2024, i.e., on the 181st day. The Special Public Prosecutor filed a petition in Crl.M.P.No.7549 of 2024 for extension period to complete investigation under Section 36-A (4) of the NDPS Act on 11.07.2024, and the statutory bail petition was dismissed on 24.07.2024, and extension period to complete investigation was granted. Challenging the same, the above Cri
The right to default bail under Article 21 is a constitutional guarantee, requiring adherence to procedural safeguards when extending investigation periods.
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 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 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....
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 right to default bail under Section 167(2) is a constitutional guarantee that cannot be infringed by procedural lapses in extending investigation periods.
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 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 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....
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