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2015 (8) TMI 532 - HC - CustomsJurisdiction of Magistrate to remand – Petitioner was produced before Magistrate for remand however refused to remand accused stating that when Magistrate, Alandur was having jurisdiction to conduct Trial and had jurisdiction over area of occurrence, then said court alone was competent to remand accused – Held that:- Section 57 of CrPC prohibits detention in police custody of accused beyond 24 hours without producing him before Judicial Magistrate – Officer arresting accused has to produce accused to Judicial Magistrate nearest to place of arrest and not Magistrate nearest to place of commission of offence, irrespective of fact whether that Magistrate has jurisdiction to try offence or not – Keeping in mind that Judicial remand was only safeguard against frivolour arrests and illegal detention Judicial Magistrates should undertake this responsibility of receiving remand papers and accused, whenever they were presented – therefore Magistrate ought not to have refused to remand accused to custody –If Magistrate was of opinion that trial will be before Magistrate, Alandur, then it was open for him to direct Jail Authorities to cause production of accused on expiry of 15 day period before Judicial Magistrate, Alandur – Magistrate directed to adhere to law laid down – Petition closed.
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