Section 167 of
the Code as follows: (SCC pp. 625-28, paras 19-21)
"19. Section 20(4) of TADA makes Section 167 CrPC ... section (4) of Section 20 read with the proviso to
sub-section (2) of Section 167 CrPC an indefeasible
right to be enlarged
only tinder Section 309 of the Code of Criminal Procedure.
2. Remand under Section 309 of the Code of Criminal Procedure cannot he prior ... 167 of the Code of Criminal Procedure, detention being unauthorized, remand order under Section 309 of the Code of Criminal Procedure cannot be made
Section 167 of
the Code as follows: (SCC pp. 625-28, paras 19-21)
"19. Section 20(4) of TADA makes Section 167 CrPC ... section (4) of Section 20 read with the proviso to sub-
section (2) of Section 167 CrPC an indefeasible right to
be enlarged
Section 167 of the Code of
Criminal Procedure, 1898 ("the 1898 Code")
which was in force prior to the enactment of
the CrPC ... Government while drafting the Code
of Criminal Procedure Bill in 1970. Ultimately,
the 1898 Code was replaced by the present
CrPC . The Statement
Section 167 of
the Code as follows: (SCC pp. 625-28, paras 19-21)
"19. Section 20(4) of TADA makes Section 167 CrPC ... section (4) of Section 20 read with the proviso to sub-
section (2) of Section 167 CrPC an indefeasible right to
be enlarged
Section 167 of the Code as
follows: (SCC pp. 625-28, paras 19-21)
"19. Section 20(4) of TADA makes Section
167 CrPC ... section (4) of Section 20 read with
the proviso to sub-section (2) of Section 167
CrPC an indefeasible right to be enlarged
offence alleged is under
Sections 302 and 201 of IPC. Therefore, as per the proviso
to Section 167(2) of Cr.P.C, the investigation ... Section 167 Cr.P.C, it will be
under Section 309 of Cr.P.C. The power to remand under
Section 167 of
Section 167 of
the Code as follows: (SCC pp. 625-28, paras 19-
21)
"19. Section 20(4) of TADA makes
Section 167 CrPC ... section (4) of Section
20 read with the proviso to sub-section
(2) of Section 167 CrPC an indefeasible
right to be enlarged
application was filed for grant of bail under
Section 167(2) of the Code of Criminal
Procedure, there was already an order
extending the time ... terms
of the proviso appended to sub-section (2) of Section
167 CrPC on the premise that no further charge-
sheet in respect
questioned in the
present petition was passed in violation of Section 167
Cr.P.C cannot be sustained in law and he also relies
upon ... opinion, did not require any
interference. The man date of Section
167 Criminal Procedure Code, 1973
postulates that there cannot be any
detention in police
