SILVA VIRENDRA PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Court passed following order on 08.09.2020:

(2.) It is to be noted that, on merits, learned Advocate, Mr. Premal Nanavati, appearing with learned Advocate, Mr. Savjani, has not pressEd this petition. This Court, therefore, has chosen not to enter into the merits of the matter and allowed the parties to pursue the remedies available to them under the law. However, for the limited aspect of production of accused before the Court of the learned JMFC or any Special Courts within 24 hours, from the time of arrest, the issue was kept open, more particularly, as, in the present case as also in many other cases, the fervent grievances were made of delay in production beyond the stipulated statutory period of 24 hours.

(3.) Learned PP, Mr. Amin, appearing with learned APP, Ms. Jhaveri, has shared with the Court, the circular dated 11.09.2020, issued by Dr. Girish Tahker, Addl. Director, Public Health Department, which, states that at the time of production of accused or at the time of sending them into judicial custody, presently RTPCR tests are being conducted, in wake of the pandemic due to Covid-19 virus, so as to ensure, whether the accused concerned is infected or not.