- (1.) AGGRIEVED by an order passed by the learned Metropolitan Magistrate, 13th Court, Calcutta rejecting the prayer of the investigating agency for police remand of the opposite party Nos. 1 and 2 in connection with G. R. 634/07 arising out of section D/2 (Posta) Police Station Case No. 53 dated june 2, 2007 under section 395/397 of the Indian Penal Code and section 25 (1b)/27 of the Arms Act, the State preferred the instant criminal revisional application.
(2.) THE facts of the case in nutshell is as follows: posta Police Station Case No. 53 dated June 2, 2007, under section 395/ 397 of the Indian Penal Code and section 25 (1b)/27 of the Arms Act was registered following the incident of a dacoity took place at a broad day light in a busy business area of Calcutta on June 2, 2007 at about 3. 00 hours. When at the point of firearms a group of dacoits looted away a cash of rs. 3. 17 lakhs and mobile phones from a wholesale saree shop, Rathi Fancy saree situated at Kalakar Street, Calcutta- 700 048. During the investigation of the aforesaid case as the complicity of the accused/opposite parties were transpired the Investigating Officer of the case made a prayer before the learned Metropolitan Magistrate, 13th Court, calcutta for issuance of production warrant against the said two accused persons, who at that time were detained at District Correctional Home at giridhi and District Correctional Home at Chatra respectively. When by an order dated September 18, 2007 the learned Magistrate was pleased to issue production warrant against them. On the strength of such production warrant the aforesaid two accused persons were brought to Calcutta on November 3, 2007 and were lodged at presidency Correctional Home at Alipore. Thereafter the Investigating Officer of the case made a prayer before the learned Court below for direction upon the Superintendent, Presidency correctional Home for forwarding the said two accused persons in Court and made a further prayer for giving them to police custody for the purpose of investigation. On 23. 11. 07 the aforesaid accused persons were first produced before the learned Metropolitan Magistrate, 13th Court, Calcutta, in connection with the aforesaid case and on the self-same day the investigating Officer of this case also made a prayer for their police remand for 14 days. When the learned Magistrate took both of them into custody and remanded them to jail custody till November 28, 2007. However, the prayer for police custody made on behalf of the Investigating Officer of the case has not been disposed of and was kept pending for hearing till the next day i. e. on November 29, 2007. Subsequently by his order dated November 29, 2007 the learned magistrate rejected the prayer of police remand.
(3.) I have carefully perused the impugned order and it appears that the learned Magistrate rejected the prayer for police remand on the following grounds :- (a) The period of 15 days starts running immediately after the accused is produced before the Magistrate in accordance with the provisions of subsection (1) of section 167 of the Code of Criminal Procedure. (b) From a conjoint reading of the main part of the sub-section with proviso (a) it emerges that police custody cannot be granted after the lapse of first 15 days may be petition was filed within the time. (c) In view of the provisions of section 167 (2) of the Code of Criminal procedure no police remand can be granted at that stage. ;