MEHBOOB AHMAD SAYYAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the petitioners are challenging the legality and correctness of the order of the learned Metropolitan Magistrate, 21st Court, Bandra, Bombay, dated 7th November, 1987 remanding the petitioners and three others into police custody till 20th November, 1987.

(2.) The Inspector of Police, Kandivli Police Station, made a report dated 7th November, 1987, to the learned Metropolitan Magistrate under section 151 of the Code of Criminal Procedure that the marginally noted persons therein were arrested on 7th November, 1987. The report stated that the accused persons are adversely known on the record of the Police Station and that they are mischief mongers, opportunists and are with bad record. Some of them were also involved in serious offences. Taking into consideration the present law and order situation, the said persons are likely to take chance of the present situation and may get themselves involved in the commission of cognizable offences thereby disturbing public peace and tranquillity. In order to prevent them form doing so, they have been looked up under section 151(3) of the Code of Criminal Procedure. The application requested the learned Magistrate to remand the said persons in police custody for a period of fortnight. The application specifically mentioned that as further inquiries into the case are to be made, the accused should be remanded to police custody. Shri Hombalkar, the learned Public Prosecutor appearing for the State, has produced an additional report of the police which, he stated, was brought to the notice of the learned Magistrate giving the record of the cases against the marginally noted accused persons. Upon this application, the learned Metropolitan Magistrate passed the following order:

(3.) Section 151 of the Code of Criminal Procedure finds its place in Chapter XI which is titled as "PREVENTIVE ACTION OF THE POLICE". The said section is under:---