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Budh Singh v. State Of Punjab

Budh Singh v. State Of Punjab

(Supreme Court Of India)

Criminal Appeal No. 327 of 2000 (@ Spl. Leave Petn. (Cri), No. 518 of 2000) | 03-04-2000

Leave granted.

The facts are not in dispute. On 20th January, 1999 on rejection of the application for anticipatory bail, in case F.I.R. No. 43 of 4-5-1999 the appellant surrendered before the Court of the learned Chief Judicial Magistrate and was remanded to judicial custody. Thereafter, while still in judicial custody, by an Order, D/- 23rd December, 1999, the matter was adjourned at the request of the investigating agency to 2nd January, 2000. The appellant was again remanded to judicial custody till 2nd January, 2000. It transpires that on 2-1-2000, on the request of the investigating agency for grant of police remand of the appellant, one days police remand was granted by the Court and police remand was further extended by one day on 3rd January, 2000. On 4th January, 2000, the investigating officer made yet another application seeking further police remand of the appellant for a period of seven days. The learned Judicial Magistrate, First Class, Ludhiana declined the request of the police for further police remand of the appellant and remanded him to judicial custody till 18th January, 2000.

Aggrieved by the Order, D/- 4-1-2000 State filed a revision before the learned Sessions Judge, Ludhiana, which was dismissed on 17-1-2000. The State, thereafter, filed a petition under Section 482, Cr. P.C. in the High Court and by the order impugned before us, a learned single Judge of the High Court directed the Judicial Magistrate, First Class, Ludhiana to grant police remand of the appellant for a further period of seven days. This appeal, by special leave, is directed against that order.

Heard learned counsel for the parties.

In the face of facts, as noticed above, the order of the learned Judicial Magistrate, D/- 4-1-2000 in our opinion, did not require any interference. The mandate of Section 167, Criminal Procedure Code, 1973 postulates that there cannot be any detention in police custody, after the expiry of the first 15 days, so far as an accused is concerned. That period of 15 days had in this case admittedly expired on 4-1-2000. The impugned order of the High Court violates the statutory provisions contained in Section 167, Cr. P.C. since it authorises police remand for a period of seven days after the expiry of the first fifteen days period. In C.B.I., Special Investigation Cell-I, New Delhi v. Anupam J. Kulkarni, 1992 SC 1268 this Court considered the ambit and scope of Section 167, Cr. P.C. and held that there cannot be any detention in police custody after the expiry of the first 15 days even in a case where some more offences, either serious or otherwise committed by an accused in the same transaction come to light at a later stage. The Bench, however, clarified that the bar did not apply if the same arrested accused was involved in some other or different case arising out of a different transaction, in which event the period of remand needs to be considered in respect to each of such cases. The impugned order of the High Court, under the circumstances, cannot be sustained. The direction to grant police remand for a period of seven days by the High Court is, accordingly, set aside. The appeal, therefore, succeeds and is allowed to the extent indicated above.The appellant is stated to be in judicial custody. In case, he applies for bail, his application for bail shall be considered on merits and what we have stated hereinabove, shall not be construed as an expression of any opinion on the merits of the case.

Advocate List
  • For
Bench
  • HON'BLE JUSTICE R.C. LAHOTI
  • HON'BLE JUSTICE S. N. VARIAVA
Eq Citations
  • (2000) 9 SCC 266
  • 2000 (3) ACR 2111 (SC)
  • 2001 CRILJ 2942
  • JT 2000 (8) SC 511
  • LQ/SC/2000/630
Head Note

Criminal Procedure Code, 1973 — S. 167 — Police remand — Validity of remand after expiry of 15 days — In the present case, on rejection of application for anticipatory bail, appellant surrendered before Court and was remanded to judicial custody — On request of investigating agency, police remand of appellant granted for one day and further extended by one day — On 4-1-2000, investigating officer made application seeking further police remand of appellant for a period of 7 days — Judicial Magistrate declined request of police for further police remand of appellant and remanded him to judicial custody till 18-1-2000 — Impugned order of High Court directing Judicial Magistrate to grant police remand of appellant for a further period of 7 days, held, unsustainable — Direction to grant police remand for a period of 7 days by High Court, set aside — Appellant stated to be in judicial custody — In case, he applies for bail, his application for bail shall be considered on merits and what has been stated hereinabove, shall not be construed as an expression of any opinion on merits of case — Penal Code, 1860, Ss. 436 and 437