KANUBHAI CHHAGANLAL BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been directed against the order passed by the learned City Magistrate 7 Court Ahmedabad remanding the accused to police custody upto 17th February 1972.

(2.) This petition involves an interesting question of law whether a Magistrate can authorise detention of a person in the police custody in a cognizable offence which was bailable.

(3.) The present petitioner Kanubhai Chhaganlal Brahmbhatt was arrested by the police for an offence of cheating punishable under sec. 420 I.P.C. The prosecution case was that this petitioner along with one Ramesh who was absconding was alleged to have sold gold ingots to the value of Rs. 3000.00 to the complainant Jayantilal Hemchand. It transpires that the said ingots were not of gold but they were brass pieces. A complaint thereupon was lodged with the police by the said Jayantilal as a result the accused was arrested and after his arrest the police approached the learned Magistrate for obtaining remand of the accused for the purpose of investigation. The learned Magistrate after perusing the case diary was of the opinion that thorough investigation was necessary and there upon remanded the accused to the police custody till 17th February 1972. Against the said order of the learned City Magistrate this application is preferred by the present petitioner (accused). This matter came up for hearing before our learned brother Rane J. on 3rd April 1972. As the application raised a very important question as to the powers of the Magistrate under sec. 167 of the Criminal Procedure Code to authorise detention of the accused for a bailable offence in such custody and as there was no direct authority on the point he referred the matter to the division bench. Thus this matter has been referred to us for final decision.