S.167(2)
Prov.(C)
4.
Exercise the powers of remanding a
person in police custody unless he is a
Magistrate of first class or any
Magistrate specially empowered in this
behalf by the High Court.
S.167(2) Exp. II Prov.
5.
A woman under eighteen years of age
shall be detained in the custody of a
remand home or recognized social
institution.
Leading Court ruling on the relevant subject:
1.
Madhu Limaye v. State of Orissa A.I.R 1969 S.C 1014
2.
D.G & I.G of Police v. Prem Sagar (1999) 5 SCC 700
3.
Natbar Parida v. State of Orissa A.I.R (1975) SC 1465
4.
Manoj Kumar v. State of M.P. (1999) 3 SCC 715
5.
Naga Peoples Human Rights Movement v. U of India (1998) 2 SCC 109
6.
Arnesh Kumar v. State of Bihar and Another (2014) 8 SCC 273:
SC observed: “Our endeavor in this judgment is to ensure that police officers
do not arrest accused unnecessarily and Magistrate do not authorize
detention casually and mechanically”.
7.
Manubhail Ratilal Patel v. State of Gujrat and others: (2013) 1 SCC 314:
SC observed: that remand is a fundamental judicial function of the
Magistrate. While performing this judicial function, Magistrate has to
satisfy himself that there are reasonable grounds there for and that
materials placed before him justify remand of accused.
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