Himachal Pradesh Court January 1980 Judgments
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Batna Ram Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Jan-02-1980
Reported in: 1980CriLJ748
V.D. Misra, C.J.1. 'Whether the period of detention of an accused person in police custody under Sub-section (21) of Section 167 of the Code of Criminal Procedure, is to be included while calculating the period of 90 days or 60 days under clauses (i) and (ii) respectively of paragraph (a) of the proviso to Sub-section (2) of Section 167 of the amended Code?' is the question referred to this Bench by one of us (H.S. Thakur, J.) The relevant part of Section 167, before Its amendment by Code of Criminal Procedure (Amendment) Act, 1978. was in the following terms:167 (11 whenever any person is arrested and detained in custody, and if appears that the investigation cannot be completed within the period of twenty-four hours fixed by Section 57, and there are grounds for believing that the accusation or information is well-founded, the officer-in-charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit ...
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