Hindi national language, says HC as it rejects bail petition in NDPS case
Reddy was booked in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the Mumbai Police.
The Bombay high court’s observation that “Hindi is the national language” of India was on Sunday challenged in the Supreme Court.
Observing that Hindi, the language in which petitioner Gangam Sudhir Kumar Reddy, a resident of Hyderabad and owner of a tours and travel company, was informed of his statutory rights, is the national language, the high court had refused bail to the appellant.
Reddy was booked in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act by the Mumbai Police. He was apprehended from Mumbai and the police allegedly recovered commercial quantity of contraband from the vehicle of the accused.
Reddy, however, claimed that the Anti-Narcotics Cell had informed him of his statutory rights in Hindi, though he was conversant only in Telugu.
Reddy sought bail citing non-compliance with Section 50 (conditions under which search of persons shall be conducted) of the NDPS Act, which was rejected by the HC.
“The applicant was communicated about his right in Hindi which is National language. Applicant was apprehended from Mumbai. The fact that applicant was carrying out business of Tours and Travel, prompts this court to believe at this stage that he must be aware about the topography and signals of the local language. As such, it can be presumed at this stage that the applicant was aware about Hindi language in which he was communicated about his right under Section 50 of the Act,” the HC had said, as reported by Bar and Bench.
The HC rejected the bail plea, which has now been challenged before the Supreme Court.
The petition in the SC said the accused was not informed of the particulars of offence for which he was arrested.
Fundamental and statutory rights of the accused were violated when the grounds for the arrest were not communicated, the plea filed through advocate Sandeep Singh said.