JUDGMENT

K. Jayachandra Reddy, J. - Leave granted.

2. An important question that arises for consideration is whether a person arrested and produced before the nearest Magistrate as required under Section 167(1) Code of Criminal Procedure can still be remanded to police custody after the expiry of the initial period of 15 days. We propose to consider the issue elaborately as there is no judgment of this Court on this point. The facts giving rise to this question may briefly be stated. A case relating to abduction of four Bombay based diamond merchants and one Shri Kulkarni was registered at Police Station Tughlak Road New Delhi on 16-9-1991 and the investigation was entrusted to C.B.I. During investigation it was disclosed that not only the four diamond merchants but also Sri Kulkarni, who is the respondent before us and one driver Babulal were kidnapped between 14th and 15th September, 1991 from two Hotels at Delhi. It emerged during investigation that the said Shri Kulkarni was one of the associates of the accused one Shri R. Chaudhary responsible for the said kidnapping of the diamond merchants. On the basis of some available material Shri Kulkarni was arrested on 4-10-1991 and w