Gujarat High Court Criminal Manual (subordinate court practice), 1977
(1) The provisions of section 167 (2) of the Code of Criminal Procedure, 1973, require that the Magistrate may allow remand of accused person in judicial custody if he is satisfied about adequate grounds for that. The Magistrate should not, therefore, allow remand, as a matter of course, but should allow remand only after being satisfied that the further time is really necessary for the purpose of investigation. In no case the accused person should be remanded to custody under section 167 (2) of the Code of Criminal Procedure, for a period exceeding fifteen days at a time and for total period of more than sixty days, during the investigation. If the charge sheet is not submitted or the investigation is not completed within 60 days, the Magistrate shall act according to the provisions of section 167, Code of Criminal Procedure, 1973. (2) After taking cognizance of an offence the Court may, from time to time, remand the accused in custody, in accordance with the provisions of section 309 of Code of Criminal Procedure, 1973, but the period of remand should not exceed fifteen days at a time. When the accused is in custody and the witnesses are present the Court should give preference to the case and examine witnesses. If witnesses are not examined Court should write reasons for that.