New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (8) TMI 532 - MADRAS HIGH COURT

2015 (8) TMI 532 - MADRAS HIGH COURT - 2015 (325) E.L.T. 499 (Mad.) - 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 befor .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d – 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. - 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 Respo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ut 21 hours on his arrival by flight from Sri Lanka and when he was passing 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, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

atment by the Complainant. Special Public Prosecutor Mr.N.Suresh Kumar 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 jurisdic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

1992 itself and has been settled by this Court in Senior Intelligence 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e Magistrate nearest to the place of the commission of the offence, irrespective 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version