Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application: Delhi HC

The Delhi High Court ruled that an accused has a right to be heard to oppose an application for extension of 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. Section 167 of the Cr.P.C. proscribes the Magistrate from extending the time for completion of investigation beyond 90 days where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment for a term more than 10 years and in case of other offences, the time limit beyond which extension of time for investigation cannot be provided is 60 days. But as per Section 43(D)(2) of the UAPA which modifies Section 167 Cr.PC. for application to UAPA investigations, such detention can be extended to a period of 180 days beyond this time-limit of 90 days provided the Court is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the period of 90 days.