Originally posted by: NoraSM
I am saying it is ridiculous because it is very illogical, why do you think he is sent to custody if the investigation agency involved can’t interrogate him? Why would they keep him in jail and for what when there’s no verdict and investigation is going on?
It boils down to basic definition of both custodies -
When Magistrate orders to send the person to police custody, police will have actual physical custody of the arrested person. Police will detain arrested person in police lock-up and interrogate him to collect necessary information.
In judicial custody, Magistrate will have the custody of the arrested person and he will be sent to jail. During this custody, police can interrogate the arrested person only after the permission of Magistrate. In case of Gian Singh v State of Delhi Administration[iii] it was decided that only interrogation during judicial custody does not change the nature of custody.
https://lawtimesjournal.in/what-is-difference-between-judicial-custody-and-police-custody/
This is very very basic, we are discussing law here and I am sorry but to think that NCB has to match the nature of custody in order to investigate is absolutely illogical
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