GAUTAM NAVLAKHA v. NATIONAL INVESTIGATION AGENCY
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 41(1)(ba), 48, 57, 156, 167, 428, 437, 439
- Unlawful Activities (Prevention) Act, 1967 ss. 13, 16, 17, 18, 18B, 20, 38, 40, 43(2)(b), 43(D), 43(D)(2), 43(D)(5)
- Indian Evidence Act, 1872 s. 27
- National Security Act, 1980 s. 5
- Indian Penal Code, 1860 ss. 34, 117, 153A, 505(1)(B), 505(1B)
- Unlawful Activities Prevention Act ss. 13, 15, 17, 18, 20, 39, 40, 185
- Constitution of India arts. 22(1), 22(2)
Judgment
powers of High Court and court of session to grant bail to a person in custody. The said courts may also set aside or modify any condition in an order by a Magistrate. Ordinarily, when the court considers a request for remand there would be an application for bail. It is for the court to grant bail failing which an order of remand would follow. [Paras 57, 59][159-A-C; 159-G]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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