Topic

undertrial custody

2 articlesLatest May 2026
Section 37 NDPS Act | Disclosure Statement Without Corroboration Insufficient for Bail Denial: Punjab & Haryana HC Reinforces Tofan Singh Principles Amid Prolonged Undertrial Detention
Case Law Analysis
|Punjab and Haryana High Court

Section 37 NDPS Act | Disclosure Statement Without Corroboration Insufficient for Bail Denial: Punjab & Haryana HC Reinforces Tofan Singh Principles Amid Prolonged Undertrial Detention

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.

CrPC 391(4) | Custody During Additional Evidence Remand Must Be Set Off Against Sentence: MP HC Corrects Jail Authority Error
Case Law Analysis
|Madhya Pradesh High Court

CrPC 391(4) | Custody During Additional Evidence Remand Must Be Set Off Against Sentence: MP HC Corrects Jail Authority Error

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.