Nearest Magistrate must receive remand papers; territorial trial jurisdiction does not justify refusing remand consideration.

An arrested person must be produced before the nearest Judicial Magistrate for remand as a safeguard against illegal detention and custodial abuse. The Magistrate before whom remand papers are presented cannot refuse to entertain the request merely because another Magistrate has territorial jurisdiction to try the offence. The duty is to receive the remand papers, decide whether remand is warranted, and then transmit the records to the court having trial jurisdiction if necessary. The refusal to receive the remand papers was therefore unsustainable, and the remand request had to be considered by the Magistrate approached.

---

---

Issues: Whether a Magistrate can refuse to receive remand papers and remand an accused arrested by customs officials on the ground that the trial jurisdiction lies with another Magistrate; and whether the accused must be produced before the Magistrate nearest to the place of arrest for remand.

Analysis: The governing principle is that production of an arrested person for judicial remand is a safeguard against illegal detention and custodial abuse. Under the statutory scheme, the officer effecting arrest must produce the accused before the nearest Judicial Magistrate within the prescribed time, and the Magistrate presented with the remand papers is bound to consider the request for remand. The fact that another Magistrate may have territorial jurisdiction to try the offence does not displace the duty to receive remand papers and decide whether remand is warranted. The Magistrate may thereafter transmit the records to the court having trial jurisdiction and ensure further production before that court when required.

Conclusion: The refusal to receive the remand papers was unsustainable, and the Magistrate was required to entertain and decide the remand request.

Final Conclusion: The petition succeeded, and the order declining remand was set aside with a direction to follow the settled rule that remand papers and the arrested person must be received by the appropriate Magistrate presented for that purpose.

Ratio Decidendi: An arrested person must be produced before the nearest Judicial Magistrate for remand, and the Magistrate so approached cannot refuse remand merely because another court has territorial jurisdiction to try the offence.

---