Police custody after the first fifteen days of remand is impermissible once that statutory period has expired.

Police custody under Section 167(2) of the Code of Criminal Procedure can be authorised only within the first fifteen days of remand counted from the Magistrate's first remand order. After that period expires, further custody must be judicial custody, in light of Article 22 and Sections 57 and 167 of the Code. Because the accused had already been remanded and the impugned order was passed after the fifteen-day period, the Calcutta High Court held that further police custody was contrary to law and set aside the order.

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Issues: Whether police custody can be authorised after the expiry of the first fifteen days of remand under Section 167(2) of the Code of Criminal Procedure, 1973, and whether the impugned order granting such custody was sustainable.

Analysis: The statutory scheme under Article 22 of the Constitution of India and Sections 57 and 167 of the Code of Criminal Procedure, 1973 requires production of an arrested person before the Magistrate within twenty-four hours and permits police custody only within the first fifteen days of remand. The period is to be counted from the first remand order made by the Magistrate, and once that period expires, further custody can only be judicial custody. The accused having already been remanded by the Magistrate and the impugned order having been passed after the expiry of the first fifteen days, the order authorising further police custody was contrary to law.

Conclusion: The impugned order granting police custody beyond the first fifteen days of remand was illegal and was set aside in favour of the petitioner.

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