The Period During Which An Accused Has Been Enlarged On Bail Cannot Be Computed While Calculating The Period Of Custody For The Purposes Of Considering The Default Bail: High Court of J&K and Ladakh

The Court has observed that the period during which an accused has not been in custody or has been enlarged on bail cannot be computed while calculating the period of custody for the purposes of considering the default bail plea.

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Any requests as to re-testing, re-sampling shall only be entertained in rare cases and within fifteen days of the receipt of the test report under the NDPS Act: J&K High Court

The Court held that any requests as to re-testing, re-sampling shall not be entertained under the NDPS Act as a matter of course. An application in such rare cases must be made within a period of fifteen days of the receipt of the test report; no applications for re-testing, re-sampling shall be entertained thereafter.

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Sessions Judge or Special Court is competent to grant extension of period of judicial custody of the accused beyond 180 days answers the J&K High Court.

The Hon’ble Court in a plea questioning the jurisdictional competency of the Sessions Court and the Special Court held that where an accused is facing investigation for offences under UA(P) Act together with offences under NDPS Act, concerned Sessions Judge, until a Special Court under Section 36 of NDPS Act is constituted, is vested with jurisdiction to extend the custody of such an accused beyond the period of 180 days.

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