STATE OF TAMIL NADU Vs. V KRISHNASWAMI NAIDU

JUDGEMENT

(1.) The question that arises in this appeal is whether the Special Judge under the Criminal Law (Amendment) Act, 1952 can exercise the power conferred on a Magistrate under Section 167 of the Criminal Procedure Code to authorise detention of the accused in the custody of the police.

(2.) This appeal by certificate is preferred by the State of Tamil Nadu against an order of the Madras High Court in C. M. Ps. Nos. 1582 and 1605 of 1976 dated 22-4-1976.

(3.) The first respondent V. Krishnaswami Naidu is the son of the second respondent L. Venkataswami Naidu. The first respondent was the Gazatted Personal Assistant to the former Minister for Health, State of Tamil Nadu. He and the second respondent were arrested by the Vigilance and Anti-corruption unit of the Tamil Nadu Police on April 2, 1976 for alleged offence under the Prevention of Corruption Act. They were produced before the Special Judge on the next day i.e. 3-4-1976. The respondents moved the Special Judge for enlargement of bail. The petition was dismissed. The Inspector of Police (Vigilance) moved the Special Judge for committing the respondents to police custody for a period of 15 days. That application was also rejected. In spite of the rejection of this application the police filed Cr. M.P. No. 617 of 1976 before the Special Judge for directing the respondents to be placed under police custody for a period of 15 days. The respondents moved before the High Court Cr. M. P. No. 1587 of 1976 for a direction that the respondents should be kept in judicial custody pending investigation of the crime. The respondents also filed another Cr. M. P. No. 1605 of 1976 for quashing the application Cr. M. P. No. 617 of 1976 before the Special Judge by the police for committing the respondents to police custody on the ground that the Special Judge is not a Magistrate as defined in the Criminal Procedure Code and as such not empowered to act under Section 167 of the Criminal Procedure Code and to place the accused in police custody.