MITHABHAI PASHABHAI PATEL vs STATE OF GUJARAT

The Supreme Court addressed whether a change in the investigating authority allows for police custody remand after cognizance has been taken, under Section 167(2) of the Code of Criminal Procedure, 1973. The Court held that the Special Investigation Team (SIT) must first seek cancellation of the existing bail granted by the High Court before a police remand can be granted. The ruling emphasized that police remand is contingent upon the committal court's authority and the conditions of bail previously imposed.