1. Rejection of anticipatory bail — Surrender — Judicial custody — Police remand after expiry of first 15 days — Section 167, CrPC. (Para 2 )
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2000 Supreme(SC) 686
SUPREME COURT OF INDIA
A.S.Anand, CJI., R.C.Lahoti : S.N.Variava, JJ.
Budh Singh
Versus
State Of Punjab
Case No. : 327 of 2000
Date of Decision : 4/3/00
Important Points
Under Section 167 CrPC, police custody cannot be granted after the expiry of the first fifteen days of detention, even if further offences in the same transaction are discovered, unless the accused is involved in a different case arising from a separate transaction.
Subject
Criminal Law - Criminal Procedure
Act Referred
Headnote
(A) Criminal Procedure Code, 1973 - Section 167 - Police remand - Detention in police custody - Statutory mandate provides that there cannot be any detention in police custody after the expiry of the first 15 days as far as an accused is concerned (Para 5).
(B) Criminal Procedure Code, 1973 - Section 167 - Scope of remand - Bar on police custody after 15 days applies even if additional offences, serious or otherwise, committed by the accused in the same transaction come to light at a later stage - This bar does not apply if the arrested accused is involved in a different case arising out of a different transaction, in which event the period of remand is considered in respect to each such case (Para 5).
Facts of the case:
An accused was remanded to judicial custody and later granted two days of police remand. Upon the expiry of the initial fifteen-day period of detention, the investigating agency sought further police remand for seven days. The Judicial Magistrate declined the request, but the High Court, in a petition under Section 482 of the Code, directed the Magistrate to grant the police remand for an additional seven days.
Findings of Court:
The order of the Judicial Magistrate declining further police remand did not require interference as the statutory period of the first 15 days had already expired. The High Court's direction to grant further police remand violates the statutory provisions of Section 167 of the Code.
Issues: Whether police remand can be granted after the statutory period of the first fifteen days of detention of an accused has expired.
Ratio Decidendi: The court held that Section 167 of the Code bars detention in police custody after the first 15 days, regardless of whether new offences in the same transaction are discovered. The bar is only lifted if the accused is involved in a separate case arising from a different transaction.
Result: Appeal allowed.
(B) Criminal Procedure Code, 1973 - Section 167 - Scope of remand - Bar on police custody after 15 days applies even if additional offences, serious or otherwise, committed by the accused in the same transaction come to light at a later stage - This bar does not apply if the arrested accused is involved in a different case arising out of a different transaction, in which event the period of remand is considered in respect to each such case (Para 5).
Facts of the case:
An accused was remanded to judicial custody and later granted two days of police remand. Upon the expiry of the initial fifteen-day period of detention, the investigating agency sought further police remand for seven days. The Judicial Magistrate declined the request, but the High Court, in a petition under Section 482 of the Code, directed the Magistrate to grant the police remand for an additional seven days.
Findings of Court:
The order of the Judicial Magistrate declining further police remand did not require interference as the statutory period of the first 15 days had already expired. The High Court's direction to grant further police remand violates the statutory provisions of Section 167 of the Code.
Issues: Whether police remand can be granted after the statutory period of the first fifteen days of detention of an accused has expired.
Ratio Decidendi: The court held that Section 167 of the Code bars detention in police custody after the first 15 days, regardless of whether new offences in the same transaction are discovered. The bar is only lifted if the accused is involved in a separate case arising from a different transaction.
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. State sought further police remand after expiry of first 15 days; accused opposed. High Court allowed remand; Supreme Court set aside. (Para 3 )
3. The mandate of Section 167 CrPC prohibits police custody after the first 15 days. The High Court's order violated this provision. (Para 5 )
4. Under Section 167 CrPC, police remand cannot be granted after the expiry of the first 15 days of detention. (Para 5 )
5. Appeal allowed — High Court's order set aside — Directions for police remand quashed. (Para 5 )
6. Can police remand be granted after the expiry of the first 15 days of detention under Section 167 CrPC?
No, police remand cannot be granted after the expiry of the first 15 days of detention, even if more offences committed by the accused in the same transaction come to light later. (Para 5 )
7. Does the bar under Section 167 CrPC apply if the accused is involved in a different case arising out of a different transaction?
No, the bar does not apply if the same arrested accused is involved in a different case arising out of a different transaction; the period of remand must be considered separately for each case. (Para 5 )
(1) LEAVE granted.
(2) THE facts are not in dispute. On 20th January, 1999, on rejection of the application for anticipatory bail, in case FIR 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 dated 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.
(3) AGGRIEVED by the order dated 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 Criminal Procedure Code. 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.
(4) HEARD learned counsel for the parties.
(5) IN the face of facts, as noticed above, the order of the learned Judicial Magistrate, dated 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 Criminal Procedure Code. 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 [JT 1992 (3) SC 366 = 1992 (3) SCC 141] this Court considered the ambit and scope of Section 167 Criminal Procedure Code. 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.
(6) THE appellant is stated to be in judicial custody. In case, he applies for bail, his application for bail shall he 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.
