custody either under Section 167 or under Section 309(2) of the Code of Criminal Procedure. This situation can be solved by a Magistrate applying ... offence or offences, then he can, under Section 309(2) of the Code of Criminal Procedure, proceed to exercise his power of remand
Court regarding whether the word 'custody' used in Section 309 (2) Cr.P.C. means imprisonment both legal and illegal observed and held ... code of criminal procedure to restrict the meaning of the word "custody" in S. 309(2) , Cr.P.C., to legal imprisonment only
accordance with law?
(v) Whether the power under Section 167 Cr.P.C.
can be exercised in the present case, where
the cognizance has already ... accused could have been remanded only
under Section 309(2) Cr.P.C.?
Issue No.1
8. In the facts of the present case, appellant
Code of Criminal Procedure.
8. Before we advert to the scope and ambit of Section 167 of the Code of Criminal Procedure, we would like ... abuse of the power conferred under Section 309 (2) of the Code of Criminal Procedure amounts to deprivation of their liberty and is, therefore, violative
under Section 167(2) read with Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'). The petitioner ... when a remand order is made under Section 309(2) CrPC it is not necessary that the petitioner/accused must have been
state whether he passed this order under Section 209(b) or 309(2) of Cr.P.C.
As per Mr. Agrawal this ... order of remand passed under Section 309(2) of Cr.P.C. and the provisions of Section 209(b) of
309(2) of the Code of Criminal Procedure, 1973 and the orders of the remand as desired under Sub-section (2) of Section 309 ... 309 of the Code of Criminal Procedure, 1973, which is to the following effect:
"309. Power to postpone or adjourn proceedings-
(1)....
(2
been remanded to judicial custody under Section 309(2) Cr.PC and not under Section 167(2) Cr.P.C.
11. At any rate ... under Section 309(2) Cr.P.C.
12. The petitioner/CBI has requested extension of remand by mistake under Section 167(2)
Section 309 , Cr.P.C. are attracted. It would be useful to read Section 309 , Cr.P.C. here.
"(2) If the Court, after ... bailable offence to custody under section 167(2) or Section 309(2) of the Criminal P.C. does not per se entitle the accused
Cr.P.C . as well as MCOCA.
Section 2(h) of the Cr.P.C. defines investigation, which
includes all the proceedings under ... sanction under Section 23(2) of
the MCOCA and the power under Section 309(2) of the
Cr.P.C. can be exercised only after
