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Issues: Whether an accused who is already in magisterial custody under an order of remand can be formally arrested and handed over to police custody for further investigation when the investigation reveals graver offences in the same matter.
Analysis: The Code contemplates an initial period of police detention, forwarding to the Magistrate under section 167(1), remand for a total period not exceeding 15 days under section 167(2), and, where investigation cannot be completed within that period, further remand under section 344. The restriction on police custody is intended to prevent abuse, not to disable lawful investigation. Where an accused in magisterial custody is subsequently found to be implicated in a more serious offence arising out of the same investigation, there is no principled distinction between that situation and a case where the accused is in custody in another matter. The Magistrate may therefore satisfy himself that a proper case exists, permit formal arrest, and then authorise police custody within the statutory limit.
Conclusion: The accused could lawfully be formally arrested from magisterial custody and remanded to police custody for the maximum period permitted under section 167(2).
Ratio Decidendi: An accused already in judicial custody may be remanded to police custody for further investigation if the Magistrate is satisfied that the statutory requirements are met and the investigation discloses a lawful basis for police custody, even where the matter is the same case but involves graver offences.
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