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(1) This reference by The Sessions Judge, Mahasu Sessions Division raises an interesting question of law and arises in the following circumstances :- Respondent Mehar Chand was arrested by the Delhi police for an offence under section 364 Indian Penal Code on the allegation that he had kidnapped or abducted one Hima Ram in order that he may be murdered, and is presently confined in judicial lock-up at Solan under the orders of the Magistrate 1st Class, Kasumpti after the statutory period of remand had run out under section 167 Criminal Procedure Code The order of detention was passed under the provisions of section 344 Criminal Procedure Code It appears that during the coul sc of investigation the police came to the conclusion that besides the offence under section 364 Indian Penal Code the accused-respondent was also involved in the offence punishable under section 302 Indian Penal Code read with section 201, Indian Penal Code for having caused the death of Hima Ram and for concealment or destruction of the evidence disclosing the commission of the offence of murder by him. The police therefore felt that the association of the accused-respondent with the police for further investigation had become necessary with a view to discover the concealment of the dead body which is 'corpus delicti in the case. The police therefore with the object of making further investigation into the additional offence of which the accused-respondent was suspected to be guilty, moved the learned Magistrate for an order of his remand to police custody. The request was however turned down by the learned Magistrate by his order dated 28th January, 1967.