Further investigation custody rules clarified: later-arrested accused may be remanded under Section 167(2), not Section 309(2).

Further investigation under Section 173(8) of the Code of Criminal Procedure remains available after filing of the charge sheet, and an accused arrested during such further investigation may be dealt with under Section 167(2). The Court distinguished this from custody under Section 309(2), which applies to an accused already before the Court after cognizance or during inquiry or trial, and held that the phrase "accused if in custody" in Section 309(2) does not cover a person arrested later in further investigation. Police remand could therefore be sought under Section 167(2), and refusal of remand on the basis of Section 309 custody was held erroneous.

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Issues: Whether an absconding accused arrested after filing of the charge sheet can be remanded to police custody during further investigation.

Analysis: The Court held that the power of further investigation under Section 173(8) of the Code of Criminal Procedure, 1973 remains available after a report under Section 173(2) is forwarded, and that an accused arrested in the course of such further investigation may be dealt with under Section 167(2) of the Code. It distinguished the custody contemplated by Section 309(2), which applies to an accused who is already before the Court after cognizance or during inquiry or trial, from a later-arrested accused in further investigation. The Court also held that the expression 'accused if in custody' in Section 309(2) does not include a person arrested subsequently during further investigation.

Conclusion: Police remand could be sought under Section 167(2) in respect of the respondents, and refusal of such remand on the footing that they were in custody under Section 309 was in law. The impugned orders were set aside and the Magistrate was directed to decide the remand applications afresh in accordance with law.

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