Case Note & Summary
The case involves a criminal revision application filed by the State of Gujarat against an order of the learned Additional Chief Judicial Magistrate, Jhalod, dated 22.01.2026, rejecting the police remand application for custodial interrogation of the accused in connection with an FIR registered at Chakaliya Police Station, District Dahod, for illegal transportation of IMFL from Rajasthan into Gujarat. The accused were arrested after a TATA Punch vehicle containing 312 bottles (79.200 litres) of IMFL was found abandoned near Talava Chokdi. The Investigating Officer sought police remand on grounds including interrogation regarding procurement, arrest of co-accused, seizure of an Alto car used for piloting, investigation of source of finance, and previous deliveries. The learned Magistrate, after hearing both sides and considering the case diary, rejected the remand application by a reasoned order, noting that the accused were already in judicial custody and no specific recovery was pending. The State challenged this order in revision before the High Court. The High Court, after hearing the learned APP for the State and the learned advocate for the accused, upheld the Magistrate's order, finding it to be reasoned and not perverse. The Court observed that the revisional court should not interfere with a well-reasoned order unless it is illegal or perverse. The revision application was dismissed.
Headnote
A) Criminal Procedure Code - Police Remand - Section 167(2) CrPC - Custodial Interrogation - The Magistrate rejected the police remand application on the ground that the accused were already in judicial custody and no specific recovery was pending - The High Court held that the order was reasoned and not perverse, and the revisional court should not interfere unless the order is illegal or perverse - Held that the Magistrate's order was justified (Paras 1-7).
Issue of Consideration
Whether the learned Magistrate was justified in rejecting the police remand application seeking custodial interrogation of the accused in a case of illegal transportation of IMFL
Final Decision
The High Court dismissed the revision application, upholding the Magistrate's order rejecting police remand.
Law Points
- Police remand under Section 167(2) CrPC is not a matter of right
- custodial interrogation requires specific grounds
- rejection of remand application is justified when accused are already in judicial custody and no specific recovery is pending
- revisional court should not interfere unless order is perverse or illegal
