Supreme Court of India · 2009-07-07
JEEWAN KUMAR RAUT vs C.B.I.
- Citation / case number
- SC 2009/3841
- Court
- Supreme Court of India
- Petitioner
- JEEWAN KUMAR RAUT
- Respondent
- C.B.I.
- Author
- S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the applicability of Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 concerning cognizance taken under Section 22 of the Transplantation of Human Organs Act, 1994. The Court held that a written complaint by a competent authority is necessary for cognizance under TOHO, and that the police report regarding IPC offences can be considered separately. The Court ultimately ruled that the period of custody for the accused was valid, as the police report was filed within the stipulated 90 days, thus denying the bail application.