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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
Mathew – Appellant
Versus
State, Rep. by, The Inspector of Police – Respondent
ORDER :
M.Nirmal Kumar, J.
This Criminal Revision Petition has been filed by Mathew (Accused) in Crime No.279 of 2023, seeking to set aside the order passed by the learned Principal Special Judge for EC and NDPS Act cases at Chennai, dated 24.07.2024, in Crl.M.P.No.7727 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 contention of the learned counsel for the petitioner is that the petitioner was arrested by the respondent Police in Crime No.279 of 2023 on 27.11.2023 for offences under Section 8(c) read with Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter referred to as ''the NDPS Act'']. The petitioner was found in possession of 54.50 grams of Amphetamine, a psychotropic substance, which falls under the commercial quantity category.
4. The contention of the learned counsel for the petitioner is that the petitioner filed a statutory bail petition in Crl.M.P.No.5602 of 2024 on the 185th day. The respondent filed a petition under Section 36-A(4) of the NDPS Act in Crl.M.P.No.5047 of 2024, citing that the in
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'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....
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 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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