Equivalent Citation: AIR2004SC1686, 2004CriLJ1446, (2004)11SCC180
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 194 of 2004 (Arising out of SLP(Crl.) No. 1907 of 2003)
Decided On: 10.02.2004
Appellants: Narinder Singh Bogarh
Vs.
Respondent: State of Punjab
Vs.
Respondent: State of Punjab
Hon'ble Judges/Coram:
N. Santosh Hegde and B.P. Singh, JJ.
N. Santosh Hegde and B.P. Singh, JJ.
Criminal Procedure Code (CrPC) - Sections 166B and 482 - Appellant a suspect in murder of one ‘S’ in Canada - Application filed by Superintendent of Police, CBI Chandigarh under Section 166B, seeking directions to appellant to make a statement and give blood samples for sending same to Canadian Authorities as desired by them in their letter of request - Allowed by Trial Court - Revision Petition and Misc petition U/S 482 dismissed by High Court - Appeal to Supreme Court - Appellant neither willing to give a voluntary statement nor willing to give voluntarily, sample of his blood as desired by Canadian authorities - Since request of Canadian authorities made specific that statement as well as blood samples to be collected voluntarily, if appellant was not willing to make any statement or give his blood samples, CBI could not take recourse to Section 166B - Allowing appeal, held that respondent exceeded his brief by invoking provisions under Section 166B - As courts below applied provisions of Section 166B erroneously, impugned judgments held unsustainable.
