A. A. DAVE, J. M. SHETH, J.

( 1 ) THIS application has been directed against the order passed by the learned City Magistrate 7 Court Ahmedabad remanding the accused to police custody upto 17th February 1972.

( 2 ) THIS petition involves an interesting question of law whether a Magistrate can authorise detention of a person in the police custody in a cognizable offence which was bailable.

( 3 ) THE present petitioner Kanubhai Chhaganlal Brahmbhatt was arrested by the police for an offence of cheating punishable under sec. 420 I. P. C. The prosecution case was that this petitioner along with one Ramesh who was absconding was alleged to have sold gold ingots to the value of Rs. 3000. 00 to the complainant Jayantilal Hemchand. It transpires that the said ingots were not of gold but they were brass pieces. A complaint thereupon was lodged with the police by the said Jayantilal as a result the accused was arrested and after his arrest the police approached the learned Magistrate for obtaining remand of the accused for the purpose of investigation. The learned Magistrate after perusing the case diary was of the opinion that thorough investigation was necessary and there upon remanded the a

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