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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUNDER MOHAN
Babu – Appellant
Versus
State, Rep. by The Inspector of Police, T-1, Ambattur Police Station, Chennai. (Crime No.236 of 2024) – Respondent
ORDER :
SUNDER MOHAN, J.
The revision challenges the order passed by the learned Principal Special Judge, Special Court under EC and NDPS Act, Chennai–600 104, on the application filed by the respondent seeking an extension of time for completing the investigation.
2. The petitioner/A1 was arrested on 10.03.2024 and on the 173rd day, i.e., 30.08.2024, the respondent filed the petition along with the report of the Public Prosecutor under Section 36(A)(4) of the NDPS Act. The petitioner/A1 opposed the said petition by filing a counter. The learned Principal Special Judge, accepting the report of the Special Public Prosecutor, had granted 45 days time to complete the investigation.
3. Mr.S.Kasirajan, the learned counsel for the petitioner/A1, would submit that the report of the learned Public Prosecutor does not satisfy the twin requirements necessary to seek an extension, namely the details of the investigation conducted so far and as to why the petitioner's detention is required for the purpose of investigation; and that the petitioner had availed of his right to mandatory bail by filing a petition, which was not considered on merits and returned; and therefore, he sought for setting as
Reports from Public Prosecutors seeking detention extension must clearly indicate investigation progress and reasons for further custody, ensuring defendants' rights to statutory bail are safeguarded....
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
The importance of the report of the Public Prosecutor in justifying the extension of the investigation period and the refusal of default bail.
Recovery of contraband - Right of the petitioner to be released on bail on account of the default of the prosecution was rightly refused by learned court below, upon extending period of investigation....
The court emphasized the necessity of the Public Prosecutor's independent application of mind when seeking extension of investigation time, which is essential for safeguarding the accused's rights.
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