2015 (8) TMI 532

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....t Custom House, Chennai-1. 2. The respondent/accused was intercepted by customs officials on 15.7.2015 at about 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, on the Customs House, Chennai after serving a copy of the arrest memo on him. Thereafter, the petitioner was produced before the learned ....

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....rted 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 prevent resort to third degree methods and illegal detention, there is an absolute mandate on the police officer to produce the accused before a Judicial Magistrate within 24 hours of the arrest. Police custody without a judicial remand, cannot exceed 24 hours. Such a safeguard is absolutely necessary. The....

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....er cadre they might be and in places where there are no such Magistrates, Executive Magistrates are bound to receive remand papers and the accused for dealing with them under Section 167 of the Code." 4. The office of the Chief Metropolitan Magistrate has also issued an office order dated 18.10.1993 which reads as follows: Office Order Sub:Cases- Criminal-Remanding of persons accused of under NDPS Act by Narcotics Control Bureau,Madras Attending of Orders Issued. It is hereby ordered that persons accused of and arrested for Offences under N.D.P.S Act by Narcotics Control Bureau, Madras shall be produced before the Additional Chief Metropolitan Magistrate (E.O.I and E.O.II) for remand, according to their turn. Sd/- T.Durairaj ....