Respondent vs Police — 1972 SCMR 182

Citation: 1972 SCMR 182

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 182

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1972 SCMR 182 Result: Appeal accepted Judgment JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of a learned Single Judge of the Lahore High Court directing that the respondent who was in police custody should be transferred to judicial custody. Leave was granted to consider the question whether sec--petition 167 of the Criminal Procedure Code empowered the Magistrate concerned to send the accused, respondent, who has surrendered before the Magistrate, to the police custody. It appears that a case under section 307 read with section 34 of the Pakistan Penal Code was registered against the respondent and some others on 5-10-1970. He applied to the High Court for anticipatory bail but his prayer was rejected by a learned Single Judge of the Court on the 4th November 1970. He then surrendered himself before a local Magistrate of Lyallpur who remanded him to the custody of the police. This order was challenged by the respondent before the High Court on the ground that there was no provision in the Code of Criminal Procedure except those under section 167 for remanding the custody of an accused person to the Police. It was, however, argued that the application of that section was confined to cases in which an accused was produced before a Magistrate by the Police. It has been strenuously contended before us on behalf of the…

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