Supreme Court of India
State of West Bengal v. Dinesh Dalmia
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2 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above discussion, we are of the opinion that the view taken by the learned Single Judge of the Calcutta High Court is not correct and we accordingly set side the order of the Calcutta High Court dated 27 .9.2006 and allow the appeal filed by the State of West Bengal and direct the Metropolitan Magistrate to proceed in the matter in accordance with law.
Judgment, Para 18
From the headnote
Code of Criminal Procedure, 1973: S. 167(1) and (2), Proviso-Authorisation of accused in custody of the police-"Custody of the police"-Connotation of-Accused in custody of police in a different case at Chennai-On coming to know that he is required in other cases also at Calcutta, voluntarily surrendering before Magistrate at Chennai-Later, accused produced in connection with Calcutta case before Magistrate at Calcutta and remanded to custody of police for investigation in Calcutta case-Plea of accused for bail on the ground that counted from the date of his surrender; the police failed to file the challan within the prescribed period-Held, voluntary surrender cannot be conceived to be detention under the case registered at Calcutta-Judicial custody/detention in another case cannot be treated as custody of police for investigation purpose in instant case.
Authorities it was built on
Where later benches applied it
- 2021 Gautam Navlakha v. National Investigation Agency
- 2018 Achpal @ Ramswaroop & Another v. State of Rajasthan
Of those, 2 referred to
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