The Supreme Court of India has clarified that police remand can be sought in respect of an accused arrested at the stage of further investigation if the interrogation is needed by the investigating agency.
“Police remand can be sought under Section 167(2) CrPC [Criminal Procedure Code] in respect of an accused arrested at the stage of further investigation, if the interrogation is needed by the investigating agency”, the Court ruled.
Relying on the settled principle of law laid down by a Large Bench of the Court, the Bench said it see no reason whatsoever why the provisions of Section 167 thereof would not apply to a person who comes to be later arrested by the police in course of such investigation.
“If Section 309(2) is to be interpreted to mean that after the Court takes cognizance of an offence it cannot exercise its power of detention in police custody under Section 167 of the Code, the Investigating Agency would be deprived of an opportunity to interrogate a person arrested during further investigation, even if it can on production of sufficient materials, convince the Court that his detention in its (police) custody was essential for that purpose”, the Court observed.
The Court further added that Section 309(2) refer and relate to an accused who was before the Court when cognizance was taken or when enquiry or trial was being held in respect of him and not to an accused who is subsequently arrested in course of further investigation.