Team  SoOLEGAL

Delhi High Court: It is the court’s obligation to inform petitioner of his bail rights under Section 167(2) of CrPC

Team SoOLEGAL 12 Nov 2020 3:41pm

Delhi High Court: It is the court’s obligation to inform petitioner of his bail rights under Section 167(2) of CrPC

Delhi High court said that courts have the duty to inform the petitioner about their right to bail under Section 167(2) of Cr.P.C.

Petitioner Chander Shekhar had filed bail application under Section 21(b) of Narcotics Drugs and Psychotropic Substances Act, 1985. The petitioner was arrested by police on patrolling duty, who searched him out of suspicion and a polythene with red colour powder was found in his possession which was assumed to be a drug. Petitioner filed the bail application on the grounds of false accusation against him and said that his signature was taken on a blank paper forcefully and he was not served with any notice under Section 50 of the NDPS Act,1985. However this bail application was dismissed.

Another bail application was filed under Section 167(2) of Cr.P.C. which stated that petitioner was entitled to default bail. But it was dismissed. After inquiry, the additional Public Prosecutor informed the court that the substance that was confiscated from the accused was neither tested on the spot nor afterwards, it was just assumed to be a smack.

Justice Vibhu Bakhru allowed this petition saying that the petitioner is entitled to right to bail because he filed for a bail application before the charge sheet was filed. The petitioner was arrested on 18 April,2020 and the sixty days period under Section 167(2) of Cr.P.C. had passed on 17 June,2020 and no charge sheet was filed within that time period.

The bail application was accepted by the court and a personal bond of Rs.5000/- was created.



Tagged: Delhi High Court   Petitioner Chander Shekhar   Narcotics Drugs   Psychotropic Substances Act   NDPS Act   Justice Vibhu Bakhru  
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.