Back
SANDEEP MOUDGIL
Pardeep Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J. (Oral)
The instant revision petition has been preferred invoking jurisdiction of this Court under Section 401 Cr.P.C. while seeking two reliefs in the common petition i.e. for setting aside order dated 26.02.2024 whereby the application under Section 36A(4) of NDPS Act, 1985 for extension of time to file the challan has been allowed and the order dated 27.02.2024 vide which default bail sought by the petitioner has been declined in case FIR No.0584, dated 30.08.2023, under Section 20 of NDPS Act, 1985, registered at Police Station City Palwal.
2. Since, the orders challenged before this Court by way of a common revision petition are passed on different dates on different cause of action, Mr. Arjun Dhingra, Advocate for the petitioner confines his prayer to the order dated 27.02.2024 and prays for default bail while withdrawing his petition qua the challenge to order dated 26.02.2024 with liberty to challenge the same by separate revision petition.
3. The prayer is accepted in the interest of justice and this Court would proceed further to adjudicate on the revision petition on the prayer as to whether petitioner is entitled to the benefit of default b
The right to default bail under Section 167(2) Cr.P.C. is absolute and must be granted if the prosecution fails to file a challan within the stipulated time, as per Section 36A(4) of the NDPS Act.
The right to default bail is an indefeasible right linked to Article 21 of the Constitution and is subject to the law and procedure laid down by the Legislature.
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 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 significance of the FSL report in completing the investigation in NDPS Act cases and the accused's right to default bail under Section 167(2) C....
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 obligations of the concerned Magistrate to promptly consider ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
