If the police report is filed within stipulated time-frame, “then then the accused won’t be released on default bail and thus will continue to be detained under judicial custody because after investigation the process ofĮnquiry has started". Saying that “simply remanding the accused to police custody would amount to violation of fundamental rights guaranteed by the Constitution", the additional chief metropolitan magistrate sent the accused to 14 days’ judicial custody. After the renewed custody lapsed on October 7, they were produced before the additional chief metropolitan magistrate by NCB with the plea for another extension, which the court, however, rejected. Since NCB could not close the investigation within the mandated 24 hours, it had on October 4 sought, and received, extension of the custody of the suspects. That is, police custody of a suspect may altogether extend to 15 days.Īryan Khan, 23, and seven others were arrested by NCB following the drug raid on the Goa-bound cruise ship on October 3. Twenty-four hours fixed by Section 57", the judicial magistrate may grant an extension of police custody of the suspect but that he cannot “authorise the detention of the accused in such custody… for a term not exceeding fifteen days in the whole".
Section 167 of CrPC says that where “it appears that the investigation cannot be completed within the period of It is up to the judicial magistrate, under Sec.167 of the Code, to grant further custody of the suspect to police, but it cannot extend for more than 15 days in total. According to the rules laid down in the Criminal Procedure Code, 1973, any person arrested in connection with an offence has to be physically produced before a magistrate within 24 hours.Īccording to Section 57 of CrPC, a person arrested without warrant cannot be held in police custody for more than 24 hours without being produced before a judicial magistrate. When the investigating agency, say, the police or, in the drug bust case, NCB, has custody of a suspect, then that person is said to be in police custody.
If you have wondered how the two are different, here’s breaking it down. A Mumbai court rejected the demand by the Narcotics Control Bureau (NCB) for further custody of Bollywood star Shah Rukh Khan‘s son Aryan Khan along with others arrested in connection with the cruise ship drug bust, sending them to judicial custody instead.
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