Supreme Court of India · 1992-05-08
CENTRAL BUREAU OF INVESTIGATION, SPECIALINVESTIGATION CELL- vs ANUPAM J. KULKARNI
- Citation / case number
- SC 1992/87146
- Court
- Supreme Court of India
- Petitioner
- CENTRAL BUREAU OF INVESTIGATION, SPECIALINVESTIGATION CELL-
- Respondent
- ANUPAM J. KULKARNI
- Author
- K. JAYACHANDRA REDDY
- Bench
- K. JAYACHANDRA REDDY
Judgment text excerpt
The Supreme Court held that under Article 22(2) of the Constitution and Section 57 of the Code of Criminal Procedure (Cr.P.C.), an arrested person must be produced before a magistrate within 24 hours, and cannot be detained beyond this period without magistrate's authority. The Court clarified that police custody is generally disfavored and can only be granted for special circumstances, thus dismissing the C.B.I.'s appeal against the High Court's bail order. The Court emphasized that remand to police custody after the initial 15-day period is not permissible.