The Supreme Court, which was hearing a plea filed by a man facing prosecution for alleged offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, said such orders put an additional burden on the litigant as he was forced to file a fresh bail application for extension of the relief granted earlier.
In State of Haryana v. Dharamraj, the Court has effectively held that any person declared a ‘proclaimed offender’ must first assail such proclamation before availing the relief of pre-arrest bail.
Observing that such gross judicial indiscipline requires strong action, the Rajasthan High Court has called for an explanation from a Chief Judicial Magistrate of Banswara for sending an accused to.
The Delhi High Court held that the public prosecutor's report, which will go on to form the basis of the extended detention in a UAPA case, need not be shared with the accused at the stage of extending the remand.
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