1995 (12) TMI 389

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.... an appeal against the order dated 9.5.94 of the Presiding Officer, Designated Court established under the Terrorists & Disruptive Activities Act, in the State of Jammu and Kashmir, whereby the first respondent was released on bail in terms of section 167 Cr.P.C. in as much as the prosecution failed to submit police report (challan) within the period prescribed. It transpires that the prosecution ....

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....enforceable on the challan being filed, if already not availed of. Once the challan has been filed, the question of grant of bail has to be considered and decided only with reference to the merits of the case under the provisions relating to grant of bail to an accused after the filing of the challan. The custody of the accused after the challan has been filed is not governed by section 167 but di....

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....date the period of limitation had to be computed. This Court in Central Bureau of Investigation, Special Investigation Cell-I, New Delhi v. Anupam J. Kulkarni reported in 1994 (5) SCC-141 had the occasion to clarify the position of law on the subject referred at pgs, 158 & 159 as follows : "There cannot be any detention in the police custody after the expiry of first fifteen days even ....

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....or sixty days then the accused has to be released on bail as provided under the proviso to section 167(2). The period of ninety days or sixty days has to be computed from the date of detention as per the orders of the Magistrate and not from the date of arrest by the police. Consequently the first period of fifteen days mentioned in section 167(2) has to be computed from the date of such detention....