Criminal Procedure Code, 1973
Section 167—Remand to police custody after initial period of fifteen days—Legality—Apex Court in the case of Central Bureau of Investigation v. Anupam J. Kulkarni, (1992) 3 SCC 141, observed that there cannot be any police custody beyond 15 days from the date of arrest—View taken by the Apex Court in the case of (1992) 3 SCC 141 requires re-consideration.
[Para 7.1]
Investigation
Permission to have police custody remand of respondent-accused—Due to the reasons of having got the accused himself hospitalised and thereafter obtaining interim bail, the CBI could not interrogate the accused in the police custody though having a valid order in its favour—Respondent-accused has successfully avoided the full operation of the order of police custody granted by the Special Judge—No accused can be permitted to play with the investigation and/or the court’s process—No accused can be permitted to frustrate the judicial process by his conduct—It cannot be disputed that right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate—Therefore, by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process—Appellant-CBI is permitted to have the police custody remand of the respondent for a period of four days. [Criminal Procedure Code, 1973, Section 167]
[Paras 8 to 10]