STATE OF HIMACHAL PRADESH Vs. GUDDU

JUDGEMENT

(1.) WHETHER the provisions of Section 167 of the Cr. P. C. , for short called 'the Code' pertaining to Remand/ Release on Bail of an accused arrested in connection with the commission of a non-bailable offence can be invoked even after the submission against him of the police report under Section 173 (2) of the Code simply because such police report is not accompanied by the reports of Experts like Chemical Examiner, Serologist (which reports are admissible in evidence without proof under Section 293 of the Code)" is the short question which calls for examination in this petition filed under Sections 397/401 and 439 (2) of the Code read with Article 227 of the Constitution seeking the quashing of the order recording by the Chief Judicial Magistrate Kangra on 27-2-1981, directing the release of the respondents on bail under Section 167 (2) of the Code.

(2.) THIS question has arisen in the following circumstances. The respondents herein were all arrested in connection with the investigation of a case registered with the police and pertaining to the offences falling under Sections 302/34/ 201/120-B/109 I. P. C. Their arrests were made on different dates during the period 19-11-1980 to 24-11-1980. The Investigating Officer submitted the police report under Section 173 (2) against all the respondents in the court of the Judicial Magistrate on 16-2-1981, that is, within 90 days from the date when the first arrest was made in the case.

(3.) IT appears that certain articles taken into possession by the police in the course of investigation had been sent for analysis to the Chemical Examiner and the Serologist. The reports of these Experts were still awaited when the police report under Section 173 (2) of the Code was filed in court and hence a note was appended to the police report to the effect that the reports of the Chemical Examiner and the Serologist were awaited. It is an admitted position that the reports of these Experts were not filed in court till the expiry of the statutory period of 90 days counted from 24-11-1980, the date when the last arrest was made in the case.