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2020 Supreme(Del) 845

VIBHU BAKHRU
Khalid – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates Appeared:
Bhavook Chauhan, Advocate, Rajat Kumar, Advocate, Harsh Bora, Advocate, Praavita Kashyap, Advocate, Tushar Yadav, Advocate, Aman Lekhi, Advocate, Amit Mahajan, Advocate, Rajat Nair, Advocate, Ujjwal Sinha, Advocate, Shantnu Shara, Advocate, Dhruv Pande, Advocate, Aniket Seth, Advocate, Samarth Khanna, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioner has filed the present petition, inter alia, impugning an order dated 13.08.2020 passed by the learned Additional Sessions Judge, whereby the court allowed the respondent''s application under Section 43D of the Unlawful Activities (Prevention) Act, 1967 (hereafter ''UAPA'') and extended the period of investigation in FIR No. 59/2020 registered with PS Crime Branch, till 17.09.2020. The learned ASJ also extended the period of detention of the accused persons, including the petitioner, till the said date.

2. The petitioner contends that the impugned order violates the principles of natural justice as the petitioner was neither provided a copy of the application (cum report), which was allowed by virtue of the impugned order, nor afforded a meaningful opportunity to be heard in opposition of the said application. The petitioner contends that the same violates the petitioner''s right under Article 21 of the Constitution of India.

3. The controversy in the present petition arises in the context of FIR No. 59/2020 under Section 147/148/149/120B of the Indian Penal Code, 1860 (IPC) registered with PS Crime Branch on 06.03.2020. The said FIR was reg

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