2015 (8) TMI 532 - HC - Customs

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 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.

Summary

Issues: Refusal of remand by Magistrate, Jurisdiction for remand, Compliance with Code of Criminal Procedure

In this case, the petitioner filed a petition to direct the Additional Chief Metropolitan Magistrate to receive remand papers and prisoners irrespective of the place of arrest. The respondent was intercepted by customs officials and found in possession of contraband. The respondent was arrested at the Customs House in Chennai and produced before the Magistrate for remand. However, the Magistrate refused to remand the accused, citing jurisdictional issues. The Superintendent of Customs challenged this order. The court referred to a previous judgment emphasizing the importance of producing the accused before a Judicial Magistrate within 24 hours of arrest. The court highlighted that the Magistrate should receive remand papers and accused persons, regardless of the department making the arrest. The Chief Metropolitan Magistrate's office order also emphasized the need to produce accused persons for remand promptly. The court directed the Magistrate to adhere to the legal requirements and not refuse remand based on trial jurisdiction, instructing future compliance with the law. Ultimately, the petition was closed with this direction.