VINAYAK VASUDEV BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the Petitioner and the learned APP for the State.

(2.) The provision of Section 151 of the Code of Criminal Procedure, 1973 empowers the police officer to arrest the person to prevent the commission of cognizable offence without order from the Magistrate and without a warrant when it appears to him that the commission of an offence cannot be otherwise prevented. Sub- section (2) does not permit to detain person arrested under Subsection (1) for a period extending 24 hours from the time of his arrest unless his further detention is required or authorised under any other provisions of the Code of Criminal Procedure, 1973 or of any other law for the time being in force.

(3.) Vide Maharashtra Act 7 of 1981 (With effect from 27.8.1980) after sub-section (2) following sub-section has been inserted: