JUDGMENT - AGARWAL ASHOK, J.:—The question of law that arises in the case and which has been argued before us at great length is, whether the Court has power and discretion while remanding the accused to custody under section 309, Criminal Procedure Code to remand him into police custody. To put the question in other words, whether the Court has to remand an accused, while dealing with an offence which it has taken cognizance of, only to judicial or jail custody and has no discretion whatever under any circumstances to remand him to police custody. A further question that has been agitated is in respect of the powers conferred on the High Courts under Articles 226 and 227 of the Constitution of India. The question, being, whether the limitations in respect of jurisdiction of courts, as provided in section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 No. 28 of 1987 (hereinafter for the sake of brevity referred as “TADA Act”) would affect the exercise of to power or the jurisdiction conferred under Articles 226 and 227 of the Constitution of India. These questions have arisen on the following facts :

2. On the 12th of September, 1992 offences of murder and othe

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