DELHI HIGH COURT JUDGEMENT ON SECTION 167 OF THE CR.P.C. AS MODIFIED BY SECTION 43(D)(2) OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967
Khalid Vs. State (GOVT. Of NCT Of Delhi), (2020) 09 DEL CK 0033 A Division Bench of the Delhi High Court held that the decision to extend the judicial custody of an accused seriously affects the accused and the principles of natural justice clearly require that such an accused be granted the right to oppose the passing of any such order. Clearly for the right to be more meaningful, it would also be apposite to disclose the detailed reasons for seeking such an order which extends the time for completion of investigation accruing out of the proviso to Section 167 of the Cr.P.C. as modified by Section 43(D)(2) of the Unlawful Activities(Prevention) Act, 1967 for investigations under UAPA. However, the rights ofthe accused in this regard have to be necessarily curtailed by the necessity to conceal such reasons from the accused and not make it public. This is because,at this stage, the investigation is incomplete and disclosing the manner in which investigation has proceeded and ...


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