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KULDEEP TIWARI
Anil Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Kuldeep Tiwari, J.
The revision petition is directed against the order dated 03.02.2024, passed by the learned Judge, Special Court, Faridabad, constituted under under the Narcotic Drugs Psychotropic Substance Act, 1985 (herein referred as “NDPS Act”), whereby, the application as preferred by the prosecution for extension of time in filing the final report beyond 180 days was allowed.
2. The question which arises for consideration in the instant revision petition, as to whether, the application for extension of time filed by the investigating officer, and cross-signed by the public prosecutor, seeking an extension of time beyond 180 days, met the necessary twin conditions envisaged under Section 36-A(4) of the NDPS Act.
3. Before this Court would embarks upon the factual aspect, as well as the legality of the impugned order, it is apt to read the relevant provision, i.e. Section 36-A(4) of the Act, which is as under:-
1. XXX XXX XXX XXX XXX XXX XXX
2. XXX XXX XXX XXX XXX XXX XXX
3. XXX XXX XXX XXX XXX XXX XXX
4. In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving
The importance of the report of the Public Prosecutor in justifying the extension of the investigation period and the refusal of default bail.
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 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 ....
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