Police custody after judicial remand is valid when sufficient grounds exist and procedural safeguards protect the accused.

A person in judicial custody may be shifted to police custody where sufficient grounds exist and the remand request falls within the permissible custody period. The extended remand under Section 20 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 enlarged the period under Section 167(2) of the Code of Criminal Procedure, and the custody order was valid because it was made within that time. The Court also accepted safeguards against ill-treatment, including access to counsel and medical examination if maltreatment was suspected. The custody transfer was upheld, subject to these protective conditions.

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Issues: Whether the Designated Court was justified in directing transfer of the accused from judicial custody to police custody for investigation under the extended remand period applicable to the case, and whether safeguards were required to protect the accused during police custody.

Analysis: A person in judicial custody may be transferred to police custody, or vice versa, where circumstances justify such change, and sufficient grounds must exist for the custody sought. In the case at hand, the impugned order was made within the period of 60 days applicable by virtue of Section 20 of the Terrorists and Disruptive Activities (Prevention) Act, 1987, which enlarges the period referred to in Section 167(2) of the Code of Criminal Procedure, 1973. Having regard to the nature of the offence and the stage of investigation, the grounds for police custody were held to exist. The Court also accepted assurances against ill-treatment and directed access for the accused's counsel, with provision for medical examination if maltreatment was suspected.

Conclusion: The transfer to police custody was upheld and the writ petition was dismissed, subject to the protective conditions imposed for the accused's safety.

Final Conclusion: The impugned custody order was sustained as lawful, while additional safeguards were put in place to prevent misuse during police custody.

Ratio Decidendi: Judicial custody may be changed to police custody within the permissible remand period where sufficient grounds exist, and the validity of such an order is not defeated by a later expiry of time if the order was valid when made.

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