#undertrial custody

The Punjab & Haryana High Court ruled that a co-accused's disclosure statement, without corroborative evidence, cannot justify continued detention under Section 37 of the NDPS Act. The court emphasized that five months of undertrial custody without a charge sheet violates Article 21, reinforcing the Tofan Singh precedent that disclosure statements alone lack evidentiary value for bail denial.

Madhya Pradesh High Court ruled that periods of judicial custody during remand for additional evidence under CrPC 391(4) must be counted toward sentence calculation. The court set aside jail authorities' wrongful exclusion of a 5-month, 21-day custody period, reinforcing that custody credit applies regardless of the stage of proceedings. This decision impacts sentencing calculations for convicts awaiting additional evidence.