Gujarat High Court Criminal Manual (subordinate court practice), 1977
While it is not intended to fetter the discretion of the Magistrates in matter of remand, the following general principles are stated for their guidance: (i) A remand to Police custody of an accused person should not ordinarily be granted unless there is reason to believe that material and valuable information would thereby be obtained, which cannot be obtained except by his remand to police custody. (ii) Where a remand is required merely for the purpose of verifying a statement made by the accused, the Magistrate should ordinarily remand the accused person to Judicial custody. (iii) If the Magistrate thinks that it is not necessary for purpose of investigation to remand the accused to Police custody, he should place the accused person in Judicial custody; and in case he has no jurisdiction to try the offence charged, he should issue orders for forwarding the accused person to a Magistrate having jurisdiction. (iv) If the Magistrate thinks that the Police not only require more time for investigation but that for some good reason they require the accused person to be present with them in that investigation, the Magistrate may remand him to Police custody, but while doing so he must record the reasons for his order. (v) When the accused person is remanded to Police custody the period of remand should be as short as possible to meet the requirements of such remand. (vi) No order under section 167, Code of Criminal Procedure, 1973, for remand of an accused person should be made unless the accused is produced before the Magistrate making the order, and he has been heard on any objection he may have to offer to the proposed order of remand. The signature of accused should be taken on order authorising the detention in police custody.