140. Remand to Police custody. (Section 3, Bengal Act II of 1866) (Section 9, Bengal Act IV of 1866). - (a) Applications for remand to police custody for the purpose of further investigation shall be made as soon as it becomes apparent that the investigation cannot be completed within 24 hours and that further detention of the accused person or persons in police custody is essential for the purpose of investigation. The application must be based on good grounds and shall be accompanied by a copy of the relevant entries in special diary. At the time of making the application the accused shall be placed before the Magistrate. Such an application should be made by the prosecuting officer concerned. He may, if necessary, require the presence of the Investigating Officer in the Court. He should, however, take steps to see that the stages of police investigation be not disclosed.
(b)Persons remanded to police custody cannot be released on bail by a Deputy Commissioner. Such persons must be placed before the Magistrate who remanded them to police custody with a report either (i) that the evidence obtained is not sufficient to warrant the accused being placed on trial, or (ii) to necessitate the accused being kept in custody because the enquiry is incomplete and that a further remand either to police custody or to jail is necessary.
