UAPA – Extension Of Detention Under Section 43D(2) Not Vitiated For Not Serving Prosecutor’s Report On Accused : Bombay High Court

The Bombay High Court has held that when seeking extension of detention under Section 43(D) of the UAPA, the fulfilment of the mandatory requirements is required in substance and not strictly in form. Justice Manish Pitale noted that substance would take precedence over form while deciding whether the mandatory requirements under the said provisions have been satisfied. The applicant-accused was assailing two orders of the Sessions Judge- first, extending detention beyond ninety days under Section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967; and second, rejecting the default bail of the applicant under Section 167(2) of the Cr.P.C. Under UAPA, the maximum period of filling the charge sheet is 180 days as Section 167(2) of CrPC is to be read together with Section 43D(2)(b) of UAPA. Accordingly, this proviso confers power upon the Court to extend the period up to 180 days. The first proviso (a)(i) to Section 167(2) of the Code goes on to state that the accused person shall be released on bail if he is prepared to and does furnish bail on expiry of the maximum period of 90 days. Every person so released on bail be deemed to be so removed. However, Section 43D(2) modifies.