Supreme Court of India
Central Bureau of Investigation v. Rathin Dandapat and Others
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What the Court ordered
In view of the above facts, in the present case, in our opinion, the High Court is not justified on the basis of Dinesh · Dalmia (supra) in upholding refusal of remand in police custody D by the Magistrate, on the ground that accused stood in custody after his arrest under Section 309 CrPC. We have already noted above the principle of law laid down by the three judge bench of this Court in State v.
Judgment, page 9
From the headnote
Code of Criminal Procedure, 1973: s.167(2)- Power of Magistrate to authorise detention of accused in police custody - Killing of 9 persons and injuring large number of villagers - Investigation transfen-ed to CBI- Charge sheet against 21 accused including arrested ones and absconders - CBI seeking remand of accused in police custody- Whether no remand in police custody can be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet - Held: Police remand can be sought uls. 167(2) in respect of an accused arrested at the stage
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