In CRLA No. 957 OF 2023-SC- View taken by Supreme Court that there cannot be any police custody beyond 15 days from date of arrest requires reconsideration: SC
Justices MR Shah & CT Ravikumar [10-04-2023]

Read Judgement: Central Bureau of Investigation v. Vikas Mishra @ Vikash Mishra

LE Correspondent

New Delhi, April 11, 2023: The decision taken by the Supreme Court in 1992 that there cannot be any police custody beyond 15 days from the date of arrest requires reconsideration, a division bench of the Apex Court has held.

“It is true that in the case of Central Bureau of Investigation v. Anupam J. Kulkarni, this Court observed that there cannot be any police custody beyond 15 days from the date of arrest. In our opinion, the view taken by this Court in the case of Anupam J. Kulkarni (supra) requires re-consideration,” observed the bench headed by Justice M R Shah in a decision taken on April 10.

The case pertains to an FIR registered by the CBI (ACB, Kolkata) on November 27, 2020 against some public servants for the commission of offences under sections 120B/409 of the IPC and the relevant provisions of the Prevention of Corruption Act.

In the present case, the CBI approached the Top Court against an order passed by a division bench of the Calcutta High Court on September 30, 2022 directing to release the respondent–accused Vikas Mishra on statutory/default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.)

The respondent–accused Vikas Mishra was arrested by the CBI on April 16, 2021 and was remanded to CBI custody for a period of seven days i.e., till April 22, 2021. However, during the said period of remand to CBI custody, the respondent–accused Mishra was admitted in hospital and thus could not be interrogated by the CBI despite police custody remand.

He was enlarged on interim bail on April 21, 2021 by the Special Court which came to be extended from time to time. On December 8, 2021, the Special Court cancelled the interim bail of Mishra on the ground that he did not appear before the Special Court despite specific directions and also did not cooperate with the CBI investigation. On December 9, 2021 pursuant to the interim bail being cancelled, the respondent-accused came to be arrested again on December 11, 2021 and was remanded to judicial custody. Again, while in judicial custody, the accused got admitted to the hospital from December 12, 2021 to April 8, 2022, and then again from May 7, 2022 to September 8, 2022.

The accused submitted an application for default bail under Section 167(2) Cr.P.C. on the ground of non-filing of the charge sheet/report within the prescribed period of 90 days which was rejected by the Special Judge. On July 19, 2022, the CBI filed a charge sheet against the accused and the cognizance was taken by the learned Special Court on the same date.

In the order dated April 10, 2023, the Apex Court bench, also comprising Justice CT Ravikumar, accepted the submission of the CBI counsel that pursuant to order dated April 16, 2021 passed by the Special Judge the police custody remand of seven days of the respondent-accused was granted; however, the CBI could interrogate him only for a period of two and half days as he repeatedly got himself admitted in hospital and therefore the CBI could not exercise the right of interrogation for the full period of seven days of police custody remand.

The senior counsel appearing on behalf of the accused, relying upon the decisions of the Supreme Court in the case of Central Bureau of Investigation v. Anupam J. Kulkarni, and the subsequent decision in the case of Budh Singh v. State of Punjab, vehemently submitted that as such no police custody can be granted/allowed beyond the first 15 days from the date of arrest. It was submitted that therefore now the police custody which shall be beyond the period of 15 days from the date of arrest is not permissible.

It was further submitted by the counsel for the accused that even otherwise in the present case the respondent-accused was hospitalised from time to time due to his grave and fragile medical condition and that there was no substance in the submission on behalf of the investigating agency that the accused got himself admitted to the hospital to evade his custody.

The Top Court, however, held that the respondent-accused has successfully avoided the full operation of the order of police custody granted by the Special Judge.

“No accused can be permitted to play with the investigation and/or the court’s process. No accused can be permitted to frustrate the judicial process by his conduct,” the bench observed.

“It cannot be disputed that the right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate. Therefore, by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process,” it said.

The Top Court thus permitted the appellant-CBI to have the police custody remand of the respondent for a period of four days.