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M. LAXMAN, G. ANUPAMA CHAKRAVARTHY
Abdul Raheem @ Shaik Raheem – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
M. LAXMAN, J.
1. This criminal appeal has been filed against the order dated 17.01.2023 in Crl.MP.No. 09 of 2023 in RC-03/2022/NIA/HYD on the file of the IV Additional Metropolitan Sessions Judge-cum-Special Court for NIA cases, Nampally, Hyderabad, whereunder appellants/ accused Nos.32 to 36 were granted police custody for three days i.e. from 19.01.2023 to 21.01.2023.
2. The impugned application i.e. Crl.MP.No. 09 of 2023 was moved by the National Investigation Agency (NIA) seeking police custody of accused Nos.32 to 36 for a period of five days based on collection of certain forensic evidence from the cell phones of other accused and to elicit certain information relating to data obtained from the mobiles phones.
3. It is not in dispute that the impugned application was moved when the appellants completed judicial custody of 117 days. This means, the impugned application was moved after 30 days, which is the permissible period for grant of police custody in terms of the Unlawful Activities (Prevention) Act, 1967 (for short “the Act”).
4. The contention of the learned counsel for the appellants is that once the police custody is availed by the NIA within 30 days, their seco
Second application filed by NIA seeking police custody beyond 30 days of remand of accused is maintainable.
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Procedure when investigation cannot be completed in twenty four hours - No power to extend period prescribed in Section 167 for completing investigation on any grounds, even in name of COVID-19 pande....
No exceptions can be made to the statutory provisions under Section 167 of the Cr.P.C., even during the COVID-19 pandemic. Police custody after the expiry of the initial 15 days is not permissible, a....
Point of Law : Court exercising jurisdiction under Section 482 of Cr.P.C. or revision cannot eschew evidence even if it is evidence secured during illegal arrest or illegal custody of the accused.
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