STATE THROUGH CBI versus DAWOOD IBRAHIM KASKAR AND ORS.

STATE THROUGH CBI versus DAWOOD IBRAHIM KASKAR AND ORS.

Court can issue warrants under section 73 for apprehension of accused of non-bailable offences evading arrest, even during further investigation post-cognizance. Persons arrested during further investigation can be detained in police custody under section 167, subject to judicial discretion and requirements. However, warrants are issued for appearance before the court and not solely for production before police in aid of investigation.

Parties
Appellant: State through CBI; Respondents: Dawood Ibrahim Kaskar and others
Jurisdiction
India
Judgment Date
07 May 1997
Procedural Posture
Criminal Appeal / Appeal From Order of Designated Court (bomb Blast Cases, Mumbai)
Outcome
Appeal allowed
Legal Topics
Criminal Procedure Code Section 167, Criminal Procedure Code Section 73, Terrorist and Disruptive Activities (prevention) Act Section 8(3)(a), Detention in Police Custody, Issuance of Warrants, Cognizance and Investigation, Remand
Criminal Law Criminal Procedure Code Section 167 Criminal Procedure Code Section 73 Terrorist and Disruptive Activities (prevention) Act Section 8(3)(a) Detention in Police Custody Issuance of Warrants Cognizance and Investigation Remand

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Parties

State through CBI

Appellant

Dawood Ibrahim Kaskar and others

Respondents

Procedural Posture

Criminal Appeal / Appeal From Order of Designated Court (bomb Blast Cases, Mumbai)

Legal Issues

  1. 1 Whether a Court can issue warrants under section 73 of the Criminal Procedure Code during further investigation for accused evading arrest
  2. 2 Whether persons arrested during further investigation post cognizance can be detained in police custody under section 167 of the Code
  3. 3 Whether warrants can be issued solely for production of accused before police in aid of investigation

Ratio Decidendi

Court can issue warrants under section 73 for apprehension of accused of non-bailable offences evading arrest, even during further investigation post-cognizance. Persons arrested during further investigation can be detained in police custody under section 167, subject to judicial discretion and requirements. However, warrants are issued for appearance before the court and not solely for production before police in aid of investigation.

Court Disposition

Appeal allowed

Orders

  • Impugned order of Designated Court set aside
  • Designated Court directed to dispose of the three miscellaneous applications filed by CBI in accordance with law and in light of the observations made in this judgment