S. Harsimran Singh vs State Of Punjab on 25 November, 1983
14. With the greatest deference, we are unable to endorse the somewhat wide ranging observations in State v. Santosh Singh AIR 1956 Madhya Bharat 130 : 1956 Cri LJ 619. It is true that the Code does not inflexibly mandate police custody for investigation. However, it is equally true that Section 167 of the Code not only visualises but sanctifies police custody up to a period of 15 days in single case by an order of a Magistrate. What the Code sanctifies, obviously permits, with the qualification that the right to custody of the accused person by the investigating agency is subject to the judicial discretion of the Magistrate.