1974 (3) TMI 123

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....f the Constitution asking for the writ of habeas corpus. The petitioner, Sandip Kumar Dey, challenges by this petition the legality of various orders under which he was remanded to jail custody from time to time. 2. It appears from the First Information Report lodged by the Inspector, Golmuri Circle, Jamshedpur. that on the afternoon of June 5, 1971 a large police party raided a house from whic....

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.... the provisions of the CrPC relating to the jurisdiction of a court to remand an accused person to custody but all of these points ultimately converge on the issue whether an order of remand can be passed without the physical production of the accused before the court. This issue is no longer res integra. In Raj Narain v. Supdt. Central Jail, New Delhi, this Court held by a majority of five to two....

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....e proceedings also do not indicate clearly whether the petitioner was produced before the Magistrate when the remand orders were passed. This is a highly unsatisfactory state of affairs and must be deprecated. Orders of remand ought not to be passed mechanically and even though this Court has ruled that the non-production of the accused will not vitiate an order of remand, the Magistrate passing a....