A Delhi court on Monday sent former Delhi Deputy Chief Minister Manish Sisodia to judicial custody till March 20 in excise scam case, after the CBI said it did not require the custody of the senior Aam Aadmi Party leader for now. READ MORE
Sisodia was produced before special judge M K Nagpal on expiry of his seven-day custodial interrogation allowed by the court earlier. At the outset, the counsel for CBI submitted before the court the investigative agenchy was not seeking his custody right now which it may do later.
The CBI accused AAP supporters of ‘politicising’ the matter.
“An application to send the accused to judicial custody has been filed. It is submitted that the CBI custody is no longer required and the same may be sought later, if required. In view of submission made, the accused is sent to JC till March 20,” the court said. It allowed Sisodia to carry the Bhagavad Gita, spectacles, medicine etc. to jail while directing the Tihar jail authorities to consider his request for being allowed to do Vipassana meditation.
The CBI had arrested Sisodia last week in connection with alleged corruption in the formulation and implementation of the now-scrapped liquor policy for 2021-22.
But What is The Difference Between Police Custody and Judicial Custody?
Police custody or remand indicates that the accused is in the physical custody of the police and is being held in a police station lock-up. After filing a FIR for a cognizable offence (one that carries a sentence of more than three years), the accused is arrested by police to prevent tampering with evidence or influencing witnesses, says a report by Legal Services India.
In the case of serious offences, the Court may grant the police’s request to detain the accused in judicial custody after the police custody period expires, in order to prevent tampering with evidence or witnesses, the report explains.
Key Differences
Police custody means that the accused is locked up in a police station or in the custody of an investigating agency that is looking into the matter, whereas judicial custody means that the accused is locked up in jail and under the supervision of the Magistrate.
A person in police custody must appear before the competent Magistrate within 24 hours, whereas a person in judicial custody is held in jail until the Court grants bail, the report says.
Police custody begins when a police officer arrests a suspect after receiving a complaint or filing a FIR, whereas judicial custody begins when the public prosecutor convinces the court that the accused’s custody is essential for the investigation.
In police custody, the time period is 24 hours, which can be extended to a total of 15 days by the appropriate Magistrate, whereas in judicial custody, the maximum time period for detention is 90 days, in cases where the investigation is related to offences punishable with life imprisonment, death, or imprisonment for a term of not less than ten years, and detention is 60 days for crimes where the imprisonment is for less than ten years.
Read all the Latest Explainers here
Comments
0 comment