Police custody after the first fifteen days of remand is impermissible, and later remand refusal was upheld.

Under Section 167(2) of the Code of Criminal Procedure, police custody can be authorised only within the first fifteen days of remand; after that period, detention must be in judicial custody. A second request for police remand made after expiry of the initial fifteen days was therefore impermissible, and the Magistrate's refusal to grant further police custody was upheld as being in accordance with law.

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Issues: Whether an accused can be remanded to police custody again after expiry of the first fifteen days contemplated by Section 167(2) of the Code of Criminal Procedure, 1973.

Analysis: The proviso to Section 167(2) permits detention beyond the first fifteen days only otherwise than in police custody. The Court relied on Supreme Court authority holding that police custody, if necessary, can be ordered only within the first fifteen days counted from the date of remand, and that thereafter the custody can only be judicial custody during the remaining remand period. Since the second prayer for police remand was made after the expiry of the initial fifteen-day period, the Magistrate's refusal to grant further police custody was found to be in accordance with law.

Conclusion: Further police custody after the expiry of the first fifteen days was not permissible, and the refusal of remand was upheld.

Final Conclusion: The challenge to the order refusing further police custody failed, and the impugned order was sustained.

Ratio Decidendi: Under Section 167(2) of the Code of Criminal Procedure, 1973, police custody can be authorised only within the first fifteen days of remand, and any detention thereafter must be in judicial custody.

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