https://www.taxtmi.com/caselaws?id=295118 After filing of the charge-sheet and taking of cognizance, Section 167(2) of the Code no longer authorises police custody remand, even if further investigation is pursued by a Special Investigation Team under Section 173(8). The distinction between further investigation and the pre-cognizance remand power was treated as material, so custody could not be directed under Section 167(2). Where the accused were already on regular bail, they could not be sent into custody for further investigation without first cancelling bail, and Section 309(2) did not justify police custody remand in that situation. The remand order was therefore unsustainable. en-us Wed, 06 May 2009 00:00:00 +0530 Sat, 23 Mar 2024 10:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295118 After filing of the charge-sheet and taking of cognizance, Section 167(2) of the Code no longer authorises police custody remand, even if further investigation is pursued by a Special Investigation Team under Section 173(8). The distinction between further investigation and the pre-cognizance remand power was treated as material, so custody could not be directed under Section 167(2). Where the accused were already on regular bail, they could not be sent into custody for further investigation without first cancelling bail, and Section 309(2) did not justify police custody remand in that situation. The remand order was therefore unsustainable. Case-Laws Indian Laws Wed, 06 May 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295118