Law: Criminal Procedure Code (V of 1898)

Section: 163,167(3)

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 163, 167(3)---High Court (Lahore) Rules and Orders, Vol-III, Part-B, Rr. 8, 9---Constitution of Pakistan, Art. 199---Constitutional petition---Remand of accused---Principle---Supervision of Sessions Judge---Scope---Authorities were aggrieved of refusal to grant physical custody of accused to investigating officer, who was sent to judicial lockup---Validity---Remanding an accused to police custody was to be exercised with great caution as it tantamount to depriving a citizen of his liberty---Acquisition or allegation made against accused needed to be investigated in a thorough and proper manner---Where custody of accused was essential for moving forward with investigation, he could be remanded to police custody for a minimum prescribed time, keeping in view the request made by police and in regards to material available and also by going through Police Diaries as to the investigation so far, conducted by police---Order for remanding an accused to police custody needed to be intimated to Sessions Court…

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