Scope of judicial discretion in evaluating police remand requests

The decision to grant or decline a police custody remand rests exclusively within the judicial discretion of the Magistrate, who must be thoroughly satisfied that the presence of the accused in police custody is absolutely necessary for advancing the investigation. Judicial officers are required to meticulously examine the evidence and material already collected by the investigating agency rather than granting custody as a routine measure to facilitate fishing inquiries or evidence collection. Police remand is legally justified only in exceptional cases where it is demonstrably impossible for investigating authorities to proceed further without direct physical custodial access to the accused. When the police have already examined material witnesses, recorded confession panchanamas, and recovered key incriminating articles under proper seizure procedures, no tenable ground remains for granting custodial remand. Orders passed by Magistrates after considering these factors reflect a sound exercise of statutory discretion based on the factual reality of the investigation. Consequently, revisional forums should refrain from interfering with well-reasoned orders declining police remand unless gross perversity or clear illegality is established. (Pogadadabnda Revathi & Anr. v. The State of Telangana | 2026 INSC 75)