person only when he exercises the
power under Section 167 of the Code of Criminal Procedure. Ht is further
stated that the Jail authorities cannot ... only
under Section 167 Cr.PlC., it is to be taken that the remand ordered by the
Court is under Section 167
Criminal Procedure Code in order to bring home his argument that the two propositions in the Sub- section 5 of section 167 ... provision contained in some other sections like section 206, section 305 and some other provisions of the Criminal Procedure Code . It is also his contention
period indicated in the proviso to sub-section (2) of Section
167 of the Code of Criminal Procedure the accused has to
-9-
be released ... Criminal Procedure Code read with sub-section (4) of
Section 20 of TADA. After examining in detail the object
behind the enactment of Section 167
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
requirements and the limitation of Section 167 .
5. That the indefeasible right under Section 167(2) Cr.P.C. comes to an end once charge ... Only for custodial interrogation he was entrusted under Section 167 to the CBI. Section 167 Cr.P.C. can be invoked only for such purpose
covered by clause (i) of proviso (a) to
Sub Section (2) of Section 167 Cr.P.C. and consequently, the applicant
were not entitled ... appearing in clause (i) of proviso (a) to Sub Section (2) of
Section 167 Cr.P.C. 1973, as amended in 1978. The Supreme Court
Bureau of Investigation (C.B.I.) filed under Section 439(2) of the
Code of Criminal Procedure ( Cr.P.C .), to cancel the bail that ... conceived of in
22
sub-sections (1) and (2) of Section 437 or sub-section (1) of Section 439
of Cr.P.C.
9.4 Thus
learned
Judge observed as under:
"Section 167(2)(a) of the Code of Criminal Procedure lays down that the
12.. (supra)". After ... submitted
within 60 days as provided under Section 167(2) of the Criminal Procedure Code,
1973. That order was challenged before the Sessions Judge
under the provisions of proviso (a)(ii) to section 167 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the " CrPC ... relevant portions of Section 167 CrPC and Section 376 IPC. Section 167 CrPC, so much as is relevant, is reproduced below
either in terms of Sub-section (2) of Section 167 of the Code or Sub-section (2) of Section 309 thereof will depend ... section (2) of Section 309 of the Code would be attracted only after cognizance has been taken. Proviso to Section 167(2) of the
