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Baby Kewat vs The State Of Madhya Pradesh on 14 February, 2025

3. It is argued that the trial Court has not considered the provisions of Section 36A(4) of NDPS Act. The investigation as far as the present applicant is concerned is already over and there is no further requirement for continuing in custody. It is further argued that charge sheet should have been filed by the Authorities within 180 days from the date of arrest, but that has not been done in the present case. It is argued that the application seeking extension of time has been wrongly allowed without considering the provisions and the settled legal position by this Court in the case of Dinesh Agrawal and others Vs. State of Madhya Pradesh and others decided on 21st September 2021 in M.Cr.C. No.38064/2021 in analogous hearing with other Petitions. It is argued that the Investigating Officer has filed an application seeking extension of time on his own without considering the provisions of Section 36A(4) of the NDPS Act. The application should have been moved through the public prosecutor but that has not been done in the present case.
Madhya Pradesh High Court Cites 16 - Cited by 0 - V Mishra - Full Document
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