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Issues Involved:
1. Whether a person can be remanded to police custody after the expiry of the initial period of 15 days u/s 167(1) Cr.P.C. Summary: Issue 1: Remand to Police Custody after Initial 15 Days The primary issue was whether a person arrested and produced before the nearest Magistrate u/s 167(1) Cr.P.C. can be remanded to police custody after the initial period of 15 days. The Supreme Court considered the legislative history and the scope of Section 167 Cr.P.C., which allows a Magistrate to authorize the detention of an accused in such custody as he thinks fit, but not exceeding 15 days in the whole. The proviso to Section 167(2) states that further detention beyond 15 days can only be in judicial custody. The Court examined various judgments, including the Delhi High Court's decision in State (Delhi Admn.) v. Dharam Pal, which held that after 15 days, the accused could only be in judicial custody. The Supreme Court agreed with this view, emphasizing that the custody after the first 15 days must be judicial. Arguments and Interpretation The Additional Solicitor General argued that police custody could be granted even after the initial 15 days if necessary for the investigation. However, the Court noted that the legislative intent was to limit police custody to protect the accused from potential abuse. The Court highlighted that the scheme of Section 167 is to ensure that police custody is limited and judicial custody is preferred after the initial period. Clarification on Different Offences The Court clarified that if an accused is involved in a different case arising from a different transaction, the police can seek custody for that separate case. However, for the same transaction, police custody cannot be extended beyond the initial 15 days, even if new offences are discovered later. Conclusion The Supreme Court concluded that the total period of police custody cannot exceed 15 days in the whole, and any further remand must be in judicial custody. The Court dismissed the appeals, affirming that the interpretation aligns with the legislative intent to protect the accused and ensure a fair investigation process. Final Observations The Court summarized its conclusions, stating that after the initial 15 days, further remand during the investigation must be in judicial custody. The period of 90 days or 60 days for completing the investigation is computed from the date of the Magistrate's order of detention, not from the date of arrest. The Court also noted that different considerations might apply if there are State amendments enlarging the periods of detention. Appeals dismissed.
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