A police report submitted under Section 173(2) of the CrPC is a valid police report, even if it does not include reports from experts like the Chemical Examiner and Seriologist. Once a police report is submitted to a competent Magistrate and the Magistrate takes cognizance of the offense, further detention of the accused is governed by Section 209(b) or Section 309 of the CrPC, and the Magistrate cannot remand the accused or release them on bail under Section 167(2).

T. R. Handa. J—"Whether the provisions of Section 167 of the Code of Criminal Procedure, for short called the Code pertaining to Remand/Release on B-ail of an accused arrested in connection with the Commission of a non-bailable offence can be invoked even after the submission against him of the police report under Section 173 (2) of the Code simply because such police report is not accompanied by the reports of Experts like Chemical Examiner, Seriologist (which reports are admissible in evidence without proof under Section 293 of the Code)" is the short question which calls for Examination in this petition filed under Sections 397/401 and 439 (2) of the Code read with Article 227 of the Constitution seeking the quashing of the order recorded by the Chief Judicial Magistrate Kangra on 27-2-1981 directing the release of the respondents on bail under Section 167 (2) of the Code.

2. This question has arisen in the following circumstances. The respondents herein were all arrested in connection with the investigation of a case registered with the police and pertaining to the offences falling under Section 302/34/201/120-B/109 I. P. C. Their arrests were made on different dates during the period 19-11-1980 to 24-11-1980. The Investigating Officer submitted police report under Section 173 (2) against all the respondents in the Court of the Judicial Magistrate on 16-2-1981, that is, within 90 days from the date when the first arrest was made m the case.

3. It appears that certain articles taken into possession by the police in the course of investigation had been sent for analysis to the Chemical Examiner and the Senologlst. The reports of these Experts were still awaited X the police report under Section 173(2) of the Code was filed in Court and hence a note was appended to the police report to the effect that the reports of the Chemical Examiner and the Seriologist were awaited. It is an admitted position that" the reports of these Experts were not filed in Court till the expiry of the statutory period of 90 days counted from 24-11-1980, the date when the last arrest was made in the case.

4. It was in these circumstances that the Chief Judicial Magistrate directed the release of the respondents on bail under Section 167 (2) of the Code. While directing such release of the respondents on bail, the learned Chief Judirial Magistrate expressed the view that the police investigation could not be considered as concluded till the reports of the Experts had been obtained and filed in Court and that the police report submitted without attaching such reports was not a valid police report within the comtemplation of Section 173 of the Code and on the basis of which the Magistrate could take cognizance of the offence.

5. A police officer undoubtedly enjoys ample powers to arrest without an order from a Magistrate and without warrants any person who has been concerned in the Commission of any cognizable offence or against whom I reasonable complaint has been made or credible information has been received or reasonable suspicion exists of his having been so concerned. Such police officer, however, cannot detain in custody a person so arrested for a period exceeding 24 hours and in case his custody beyond this period is considered necessary the police officer must produce such person before a Magistrate within the said period of 24 hours (excluding the time necessary for the journey from the place of arrest to the Magistrates Court) and obtain orders of the Magistrate under Section 167 of the Code. The provisions of Section 167 in so far as they are relevant for the purposes of the present issue read like this. "167. Procedure When Investigation Cannot be Completed in Twenty Four Hours.—(1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57 and there are grounds for believing that the accusation or information is well foun