PRADEEP RAM Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This writ application is filed in the nature of public interest litigation by a legal practitioner of this Court for granting the following reliefs:

(2.) According to the petitioner, 12 Myanmar nationals were apprehended on December 09, 2010 by the Assistant Commandant, Boarding Officer, ICGS Kanaklata Barua. The aforesaid 12 Myanmar nationals were handed over the Station House Officer, Central Crime Station, Port Blair, A & N Islands on December 10, 2010. According to the petitioner, they were illegally detained in the police custody upto December 21, 2010. On December 21, 2010 a First Information Report bearing No. 1227 of 2010 was prepared under sections 3/7/1-/14/15(c) of the Maritime Zone Act, 1981 read with section 14A of the Foreigners (Amendment) Act, 2004 together with the provisions of section 50/51 of the Wildlife (Protection) Act, 1972 and the same was registered with Station House Officer, Central Crime Station, Port Blair. G. R. Case No. 3577 of 2010 was registered against the aforesaid 12 Myanmar nationals on the same date and they were produced before the Court of learned Chief Judicial Magistrate, Port Blair. By virtue of an order dated December 12, 2010 passed by the learned Chief Judicial Magistrate, Port Blair they were sent to judicial custody till January 04, 2011.

(3.) According to the petitioner, the respondent authorities are under obligation to produce, the aforesaid 12 Myanmar nationals before the learned Court of Chief Judicial Magistrate, Port Blair within 24 hours from the date of their arrest. According to the petitioner they were arrested on December 12, 2010. In terms of the provisions of section 46 of the Code of Criminal Procedure, 1973, Therefore, there was violation of the provisions of section 57 of the Code of Criminal Procedure, 1973.