Law: Criminal Procedure Code (V of 1898)

Section: 167

(a) Criminal Procedure Code (V of 1898)--- ----S. 167---Remand of accused---Object---Remand of accused to the custody of police for investigation was not to be granted in a mechanical manner; rather be granted by application of judicial mind---Court was to scrutinize acts of police and ensure that there was some evidence collected by police against the accused---Detention of a person without any legal justification would create a sense of injustice and insecurity in the society. Rashid v. The State and 2 others PLD 1970 Lah. 389; Azad Jammu and Kashmir, Muzaffarabad Ehtesab Bureau through Chairman v. Khalil Ahmed Abbasi PLD 2002 Azad J&K 20; Bashir Ahmed v. The State and 5 others PLD 2012 Lah. 260; Muhammad Siddiq v. Province of Sindh through Home Secretary, Karachi and 2 others PLD 1992 Kar. 358; Adeel and another v. The State 2016 YLR 2212; Haseeba Taimor Afridi v. The State and another 2013 SCMR 1326; Mst. Allah Rakhi v. Senior Superintendent of Police Faisalabad and 3 others 2000 PCr.LJ 1576 and Riaz ul Haq and another v. Muhammad Naveed and another 2005 YLR 805) rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 167---Penal Code (XLV of 1860), Ss. 302, 34 & 109---Qatl-i-amd, common intention, abetment---Remand of accused to police custody---Scope---Petitioners were charged for hatching conspiracy and abetting unidentified accused---Investigating Officer urged for physical remand of the accused-petitioners on the ground that unidentified accused person were to be arrested---Judicial Magistrate turned down the request of the Investigating Officer for further physical remand---Appellant Court while accepting the revision petition allowed the Investigating Officer to get physical remand of the accused person---Validity---Request was made by the Investigating Officer for further physical remand despite the fact that physical remand for nine days was previously given by the Judicial Magistrate---Investigating Officer had requested that investigation was to be finalized in presence of accused and that he intended to arrest unidentified accused persons as petitioners had promised their arrest---Petitioners remained on physical remand with police but…

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