ABDUL RAHEEM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal appeal has been filed against the order dtd. 17/1/2023 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 19/1/2023 to 21/1/2023.

(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").