Union Of India vs Ajay Kumar Singh @ Pappu on 28 March, 2023
In our view, the law relating to the concept of
"arrest" or "custody" has been correctly stated in Niranjan Singh
case [(1980) 2 SCC 559 : 1980 SCC (Cri) 508 : AIR 1980 SC 785] .
Paras 7, 8 and the relevant portion of para 9 of the decision in the
said case state as follows : (SCC pp. 562-63)
"7. When is a person in custody, within the meaning of Section 439
CrPC? When he is in duress either because he is held by the
investigating agency or other police or allied authority or is under
the control of the court having been remanded by judicial order, or
having offered himself to the court's jurisdiction and submitted to its
orders by physical presence. No lexical dexterity nor precedential
profusion is needed to come to the realistic conclusion that he who
is under the control of the court or is in the physical hold of an
officer with coercive power is in custody for the purpose of Section