- Preventive and penal laws — Grounds of detention in preventive laws must be furnished to the detinue “as soon as may be” — As for as penal law is concerned, as the present case is, the law under which the accused is apprehended, does not visualize any representation and the Bureau is authorised to obtain remand of the accused and keep him in its custody for 30 days under section 27(4) of the Act, Expression “as soon as may be” has to be seen in that perspective — However, as the grounds on the basis of which a person is to be apprehended under Ehtesab Law are available with Bureau before setting in motion the machinery for arrest the grounds have to be furnished to the accused without unreasonable delay after his apprehension before he is produced before the competent Court. M. Munir Awan & 3 others v. AJ&K Ehtesab Bureau 2005 SCR 109 (B)
- The contention that grounds of arrest under section 467, 468 and 471 were not served upon accused — It does not make the arrest or detention illegal — During investigation the authority may add other penal provisions — Investigating Officer is duty bound to add the provisions of law under which the offences are constituted till filing of report/reference/charge sheet as the case may be — If a new case is set up it is to be communicated to the detinue. Muhammad Munir Awan & 3 others v. AJ&K Ehtesab Bureau 2005 SCR 109 (C)
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