In a case where an accused is arrested and detained in the physical custody of the police, as mandated in Article 10 (2) of the Constitution of the Islamic Republic of Pakistan 1973 and Section 61 of the Code of Criminal Procedure, 1898, undoubtedly the accused cannot be detained in police custody for more than 24 hours.

 Personal liberty is one of the cherished objects of the Constitution of the Islamic Republic of Pakistan 1973. The deprivation of the same can only be by the procedure established by law and in conformity with the provisions thereof, as stipulated in Article 10 (2) of the Constitution of the Islamic Republic of Pakistan 1973 which mandates that every person who is arrested and detained in custody shall be produced before the nearest Magistrate within 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate. A similar provision is found in Section 61 of the Code of Criminal Procedure, which also mandates that no police officer shall detain in custody a person arrested without a warrant for a longer period than under all the circumstances of the case is reasonable. In the absence of a particular order of a Magistrate under Section 167 of the Code of Criminal Procedure, such period shall not exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court. These two provisions reveal that without the authorization of a Magistrate, no arrestee shall be detained in the custody of the police beyond 24 hours from the time of arrest, excluding the time taken for the journey from the place of arrest to the Court. In this regard, there could be no controversy that when an accused is detained in police custody after arrest beyond 24 hours, excluding the time taken for the journey from the place of arrest to the Court, such detention beyond the said period is undoubtedly illegal.

Criminal Proceedings
79261/23
Muhammad Waqas Vs ASJ Lahore etc
Justice Miss Aalia Neelum
17-01-2024
2024 LHC 187