Law relating to police remand in case of absconding accused, clarified

Supreme Court: In the case
where the Court was called upon to decide as to 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, the Court,
relying upon State v. Dawood Ibrahim
Kaskar, (2000) 10 SCC 438, held that police remand can be sought under
Section 167(2) CrPC in respect of an accused arrested at the stage of further
investigation, if the interrogation is needed by the investigating agency.

Considering the
relevant provisions of law under Proviso to sub-section (2) of Section 167
CrPC, which empowers a Magistrate to authorize detention of an accused in the
custody of police, Sub-section (8) of Section 173, under which investigating
agency has power to further investigate the matter in which the report/charge
sheet has already been filed and sub-section (2) of Section 309 CrPC which
empowers remand of an accused, the bench of Dipak Misra and P.C. Pant, JJ
further clarified that that expression ‘accused if in custody’ in Section
309(2) CrPC does not include the accused who is arrested on further
investigation before supplementary charge sheet is filed.

In the present
case which relates to killing of nine persons and injuring large number of
villagers in a village of West Bengal, the High Court had refused the police
remand. The Court, hence, set aside the impugned order and held that the said
refusal was against the settled principle of law. [Central Bureau of
Investigation v. Rathin Dandapat, 2015 SCC OnLine SC 743 decided on
Source: Legal news India

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