The second stint of police custody for interrogation in the same case, long after the accused has been in judicial custody after investigation, cannot be allowed, said the High Court of Karnataka.
The High Court also made clear that “once the accused is remanded to judicial custody, seeking police custody repeatedly on the ground that total 15 days custody is not yet over is a right that is unavailable to the prosecution.”
Justice M. Nagaprasanna made these observations while quashing the order of a trial court in handing over one of the accused to the custody of Narcotics Control Bureau (NCB) in a narcotic drugs and psychotropic substances case nearly six months after the accused was remanded to the judicial custody after investigation.
