S.S.SANDHAWALIA, D.S.TEWATIA
S. Harsimran Singh – Appellant
Versus
State Of Punjab – Respondent
S.S.SANDHAWALIA, J.
1. Is the limit of police custody, not exceeding fifteen days in the whole, as prescribed by Section 167 (2) of the Code of Criminal Procedure. 1973, applicable only to a single case or is equally attracted to a series of different cases requiring investigation against the same accused - is the significant question necessitating this reference to the Division Bench. Equally at issue is a veiled doubt raised regarding the correctness of the earlier single Bench view on this point in Crl.Misc.No.5268-M of 1981 (Harminder Singh Sandhu V/s. The State of Punjab), decided on November 30, 1981.
2. Harsimran Singh petitioner was admittedly arrested by the police on January 12, 1982 and was remanded to police custody for the investigation of a case against him by the Judicial Magistrate 1st Class, Jullundur. He was duly interrogated by Shri Kehar Singh, Deputy Superintendent of Police, in the said case and it would appear that after the expiry of the period of police remand, he was placed under judicial custody. However, he was later formally re-arrested in another case registered vide First Information Report No.360 of 1982. at police station Kotwali. Amritsar.
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