MOHAMMAD YOUSUF Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) On 5-9-1996, an order came to be passed by District Magistrate, Baramulla, in exercise of the powers vested in him under sub-section (2) of Section 17-A of Criminal Procedure Code namely Distribution of business among subordinate Magistrates of the District. In the said order, the District Magistrate, Baramulla has ordered that remand shall be granted by no other Magistrate except the Senior most Magistrate available at a station with the following further clarification and elucidation :-

(2.) It shall have to be ensured that the accused is produced before the Magistrate in the Court properly by the police officer of the authorised rank as per law.

(3.) The Magistrate shall invariably apply mind and ascertain the physical well being/health conditions of the accused so produced through examination of the accused by the local Medical Officer authorised under law before granting any remand. A copy of the remand/Medical report shall be forwarded to the District Magistrate immediately.