IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.Ilanthiraiyan
Kovarthana Reddy – Appellant
Versus
State, Rep. By The Inspector of Police – Respondent
ORDER :
G.K.Ilanthiraiyan, J.
This criminal revision case has been filed challenging the order passed in Crl.MP.No.2301 of 2025 dated 14.05.2025 on the file of the learned Principal Special Judge under EC & NDPS Act, Chennai, thereby allowed the petition filed under Section 36 (A)(4) of The Narcotic Drugs and Psychotrophic Substances Act (hereinafter called as 'NDPS Act').
2. The petitioners are accused 8 & 9 in crime No.954 of 2024 registered for the offences punishable under Sections 8 (c) r/w 22(b), 25 and 29(1) of NDPS Act. The case of the prosecution is that on a specific information dated 19.11.2024, accused 1 & 2 entered in to a conspiracy for illicit transportation and sale of contraband. In pursuant to the said conspiracy, they had illegally possessed 2.1 grams of methaphetamine and the same was seized by the respondent. On their confession, the other accused persons have been implicated as accused and remanded to judicial custody on various dates. There are totally 21 accused, in which the petitioners are arrayed as A8 and A9. Further, in pursuant to their conspiracy, they had possessed 82.56 grams of methaphetamine and 12 Nos. of Nitravet tablets and the same were seized
Jigar @ Jimmy Pravinchandra Adatiya Vs. State of Gujarat
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 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 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 judgment established the accused's indefeasible right to be enlarged on bail if the police fails to complete the investigation and put up a challan against him in accordance with law under Sectio....
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 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.
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