The magistrate's discretion under Section 86(1) of the Criminal Procedure Code is limited to determining whether the person arrested appears to be the person intended by the warrant, and the magistrate is not entitled to inquire into the legality of the warrant.

This rule is for setting aside two orders viz., the order dated the 7-12-1968 passed by Shri P. C. Chakraborty, Presidency Magistrate, acting on that date as the Chief Presidency Magistrate. Calcutta and the order dated the 17-12-1968 passed by Shri K. J. Sen Gupta, Chief Presidency Magistrate, Calcutta in case No. Ptn. 62A-12/68

2. The facts leading on to the present rule can be put in a short compass. The accused, petitioner Khan Chand Tarachand Samtani is a business man residing at 34, Rani Rashmani Road, Calcutta and owning a stall, being Stall No. 83 in the Sir Stuart Hogg Market, Calcutta. In the execution of a non-bailable warrant issued by the Special Judicial Magistrate, 1st Class, Kalyan Railway Court, Maharashtra, the petitioner was arrested from his residence on 7-12-1968 at about 10.15 a.m. by a Sub-Inspector attached to the railway police, Kalyan Railway Police Station, along with some officers attached to the Taltola Police Station, Calcutta. Thereafter the accused-petitioner was produced on the same date in the Court of the Chief Presidency Magistrate, Calcutta along with a remand-petition filed by the Sub-Inspector attached to the railway police, Kalyan Railway Police Station, stating inter alia that the accused was arrested by the local police under a non-bailable warrant issued by the Special Judicial Magistrate, 1st Class, Kalyan Railway Court, Maharashtra on 7-12-68 and praying that the said accused may be handed over to him for being produced before the Special Judicial Magistrate, 1st Class, Kalyan Railway Court. Maharashtra on 17-12-1969 Shri P. C. Chakraborty, a Presidency Magistrate who was taking up the filed of the Chief Presidency Magistrate, Calcutta on that day, was pleased thereupon to grant a bail of Rs. 10,000/- to the accused-petitioner, on condition that he would appear in the Court of the Special Judicial Magistrate, 1st Class, Kalyan Railway Court, Maharashtra by 17-12-68 and there was direction for arrangement for escort. The petitioner being enlarged on bail applied for certified copies of the order passed by the Court on 7-12-68 as also of the application filed by the Sub-Inspector of the railway police at Kalyan together with the warrant that was executed and during the pendency of the said application for certified copies, he looked into the said warrant which is in Marathi with the assistance of one of his Marathi-knowing friends and came to know that the original warrant, that was sent to Calcutta for execution, contained serious infirmities relating to the parentage, occupation and the address of the accused-petitioner and also the date of issue of the said warrant. On 10-12-1968 the petitioner obtained the certified copies of the order of the Court as also of the remand-application dated 7-12-68 but on the following date the copying department returned the slip with the remarks "warrant written in Marathi language cannot be supplied". On a further enquiry on 12-12-1968 it was learnt that the warrant had been despatched to the issuing Court at Kalyan. The petitioner become ill thereafter and accordingly his wife filed an application in Court on 18-12-1968 praying inter alia that the warrant executed was not a warrant of arrest in accordance with the provisions of the Code of Criminal Procedure and that the time for appearance before the Special Judicial Magistrate, Kalyan may be extended. The Chief Presidency Magistrate, Calcutta was pleased thereupon to direct the application to be put up on 17-12-68 for hearing. On 17-12-68 another application accompanied with a medical certificate was filed before the Chief Presidency Magistrate, Calcutta, by the wife of the accused petitioner praying for a further extension of the time and the Chief Presidency Magistrate, Calcutta by his order of the same date was pleased to extend the date till 26-12-68, when the accused-petitioner must appear before the said Magistrate at Kalyan. The legality of the original warrant issued by the Specia