2000 (8) TMI 1119

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..... strength of the terms used in Section 104 which provides that every person arrested under subsection (1) shall without necessary delay be taken to the Magistrate. Since the term Magistrate in Section 104 implies a Judicial Magistrate in the first instance the term Magistrate used in the Act would connote only a Judicial Magistrate . I find substance in the argument of the learned counsel. .....

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..... indicates that it refers to a Judicial Magistrate and not an Executive Magistrate . This, I am of the view, is clear from the use of the term in Section 104 of the Act. Although Magistrate has not been defined in the Act I am in no doubt that it means Judicial Magistrate . It was the Judicial Magistrate who was competent under Section 110 of the Act to take proceeding as required therein. .....

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