The bench of Justices AS Bopanna and MM Sundresh clarified that the 15-day detention period can occur anytime between 60 and 90 days, which is the given timeframe for the investigative agency to complete its inquiry.
The Supreme Court ruled that the Criminal Procedure Code (CrPC) does not impose any restriction on police custody to only the initial 15 days after an arrest.
Furthermore, the court held that Section 167(2) of the CrPC must be interpreted straightforwardly and naturally, without any ambiguity, as it strikes a balance between an individual’s liberty and a thorough investigation.
The 1992 judgment in the case of CBI v. Anupam J. Kulkarni was referred to, and it was suggested that the decision may have been influenced by the 1898 version of the CrPC, which had limited the investigation period to only 15 days.
However, under the current version of the CrPC enacted in 1973, when the investigative agency is granted 60 or 90 days for the investigation, the police custody can extend throughout this period, with a maximum detention of 15 days.
The court emphasized that the term “custody” in Section 167(2) includes custody by other investigating agencies, not just police custody.
The court clarified that reducing the 15-day police custody due to external factors, acts of God, or court orders not initiated by the investigating agency would not constitute a restriction.
Additionally, the court discussed other findings in the verdict related to the Prevention of Money Laundering Act (PMLA) and the procedures for arrests and remand under this act. It was emphasized that compliance with Section 19 of the PMLA is crucial, and any noncompliance may lead to legal consequences.
Overall, the court emphasized the need to reconsider the previous decision in the Anupam J. Kulkarni case and provided various insights regarding police custody, investigation periods, and arrests under the PMLA.
