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Issues: Whether police custody can be granted after the expiry of the first fifteen days from arrest when the remand application was filed within that initial period.
Analysis: Section 167 of the Code of Criminal Procedure, 1973 governs custody during investigation and permits police custody only within the first fifteen days from the date of first remand. After that period, the custody contemplated under the proviso is judicial custody only. The distinction between Section 167 and Section 309 is material: Section 167 operates at the investigation stage, whereas Section 309 applies after cognizance and does not authorise police custody. The filing of a remand application within the first fifteen days does not preserve jurisdiction to grant police custody if the order is passed after the statutory period has expired. The controlling principle is that the limitation is tied to the period of custody, not merely to the date of the application.
Conclusion: Police custody could not be ordered after expiry of the first fifteen days, and the impugned remand order was illegal.
Ratio Decidendi: Under Section 167 of the Code of Criminal Procedure, 1973, police custody must be authorised, if at all, within the first fifteen days of arrest and production before the Magistrate, and a remand application filed within that period does not permit a police remand order to be made after the period has expired.
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