NARMADA PRASAD Vs. REX

JUDGEMENT

(1.) This is a revision by Sardar Narmada Prasad Singh in connection with a searth which took place at his house on 27th october 1949.

(2.) The facts are that the District Magistrate of Rewa, Vindhya Pradesh, issued a search warrant under s. 96, Criminal P.C. This warrant was endorsed by the Regional Commissioner of Vindhya Pradesh. It was brought to the District Magistrate of Allahabad who, in his turn endorsed it forwardint the same to the Senior Superintendent of police, Allahabad. The warrant was for the search of the premises of the aplicant in connection with an alleged offence under s. 409, Penal Code, committed by him in Vindhya Pradesh. Thereupon, the house of the applicant was searched in the presence of a magistrate of Allahabad, a deputy Superintendent of Police of these provinces and the Superintendent of Police of Vindhya Pradesh and certain documents belonging to the applicant were seized and handed over to the Superintendent of Police, Rewa. These documents have been taken to Rewa.

(3.) The contention, on behalf of the applicant, is that the search warrant issued by the District Magistrate of Rewa could not be served in Allahabad and the District Magistrate of Allahabad had no jurisdiction to endorse it, so that the search of his premises might be effected by the Superintendent of Police, Rewa, with the help of a magistrate and a Deputy Superintendent of Police of Allahabad. It was there prayed that it be declared that the action of the District Magistrate of Allahabad was without jurisdiction and that he should be ordered to return the documents, seized from the possession of applicant, to him.