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The Superintendent of Customs Versus Smt. Sareebdeen Juwairiya

2015 (8) TMI 532 - MADRAS HIGH COURT

Jurisdiction 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 accus .....

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o 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. - Crl. OP. No. 19208 of 2015 - Dated:- 29-7-2015 - P. N. Prakash,JJ. For the Petitioner : Mr. N. P. Kumar Spl. P. P For the Respondents : Mr. C. Emalias Additional Public Prosecutor ORDER This petiti .....

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ssing through the green channel on suspicion that he was carrying some contraband. The baggage of the passenger was checked and 1990 grams of gold was recovered from him. Summons was issued to him on the Customs Act and he accompanied the officers for further enquiry to the Customs House in the First Line Beach, Chennai. His statement was recorded by the officer and thereafter, he was formally placed under arrest on 16.7.2015, on the Customs House, Chennai after serving a copy of the arrest memo .....

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present. He represented that this court is having jurisdiction to remand the accused. The offence is alleged to have been committed in the Chennai International Airport, Meenambakkam. However, the Spl.P.P. admitted that after filing of complaints case records are to be transferred to the Judicial Magistrate Court, Alandur for Trial. When the said court is having jurisdiction to conduct Trial and the said court having jurisdiction over the area where the occurrence took place, I am of the view t .....

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Officer, Directorate of Revenue Vs. M.G. Ranganathan reported in 1993 L.W. (Crl.) Pg.261. After discussing various provisions of Code of Criminal Procedure, it is held in paragraph No.13 as follows: 13. S. 57 of the Code prohibits detention in police custody of an accused beyond 24 hours without producing him before a Judicial Magistrate under Section 167(1). Both these provisions have been enacted in the larger interests of society, particularly in the interests of the accused. In order to pre .....

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respective of the fact whether that Magistrate has jurisdiction to try the offence or not. For better enforcement of this statutory requirement, S. (2-A) has been added to S. 167 providing for production of the accused before the nearest Executive Magistrate, where a Judicial Magistrate is not available. While so, keeping in mind that a Judicial remand is the only safeguard against frivolour arrests, illegal detention, resort to third degree methods and custodial violence, the Judicial Magistrat .....

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