A Magistrate has the power to remand a person produced before him in accordance with Section 104 of the Customs Act by virtue of the powers of remand under Section 167(2) and (3) of the Code and could further exercise the powers under Section 437 of the Code.

ARUNACHALAM, J.

[CRL. M.P. 11117/88.- Petitions praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order directing the release of the respondent on bail in Crl. M.P. No. 6945/88 on the file of the Court of the Sessions Judge, Madras and cancel the bail.

Crl. M.P. No. 254/89. -Presented to call for the records relating to the arrest of the petitioner in F.No. VIII/48/65/88-DRI and R.R. No. 174/88 on the file of the Court of the Additional Chief Metropolitan Magistrate (E.O.I.) Egmore, Madras and quash the order of arrest made by the respondent as illegal and set the petitioner at liberty forthwith.

Crl. M.P. No. 407/79. -Petition presented to call for the records relating to the Medical treatment of the petitioner and M.V. Kader Mohammed and Mammutti at Jail Hospital Central Prison, Madras before this Court in order to decide the issue of the legality of the arrest of the petitioner by the respondent in F.No. VIII/48/65/88-DRI and R.R. No. 174/88 on the file of the Court of the Additional Chief Metropolitan Magistrate (E.O.I.) Egmore, Madras pending the said Crl. M.P. No. 254/89 on the file of this Court.

[Order]. -These petitions coming on for hearing on Monday, 30th day of January, 1989, Wednesday, the 1st Monday, the 6th Thursday, the 9th Wednesday, the 15th March the 20th day of February, 1989, Thursday, the 16th day of March, 1989 and on this day, upon perusing the petitions and the affidavit filed in support of Crl. M.P. No. 11117/88 and common counter affidavit filed with Crl. M.P. Nos. 254 and 407 of 1989 and upon hearing the arguments of Mr. P. Rajamanickam, Central Government Public Prosecutor on behalf of the petitioner in Crl. M.P. No. 11117/88 and for the respondent in Crl. M.P. Nos. 254 and 407 of 1989 and of Mr. M.R.M. Abdul Kareem for Mr. M. Abdul Nazeer, Advocate for the respondent in Crl. M.P. No. 11117/88 and for the petitioner in Crl. M.P. Nos. 254 and 407 of 1989, the Court made the following Order :-Crl. M.P. No. 11117 of 1988 has been filed under Section 482 Code of Criminal Procedure by the Senior Intelligence Officer, Directorate of Revenue Intelligence, seeking setting aside of the order of the Court of Sessions, Madras, releasing the respondent M.K.S. Abu Bucker, on bail in Crl. M.P. No. 6945 of 1988 on his file.

2.The grounds put forth for seeking such a direction are that the Sessions Court had not taken into consideration the nature and gravity of the offence the stage of investigation and the interests of the Society as against the right of the individual, and that free and fair investigation will be polluted by outside influence by the presence of the respondent, who is an influential person and who has already been involved in smuggling activities, if he is allowed to remain at large.

3.Crl. M.P. No. 254 of 1989 has been filed by the respondent in Crl. M.P. No. 11117 of 1988 to call for the records relating to his arrest and quash the order of arrest made by the respondent, who is the petitioner in Crl. M.P. No. 11117 of 1988. According to the petitioner in Crl. M.P. No. 254 of 1989, the arrest made under Section 104 of the Customs Act on the basis of the statement obtained under Section 108 of the said Act was illegal and such statements were not admissible in any proceedings under the Customs Act or the COFEPOSA Act.

4.Crl. M.P. No. 407 of 1989 has been filed by the petitioner in Crl. M.P. No. 254 of 1989 to call for the records relating to the medical treatment of the petitioner and two others from the Jail Hospital, Central Prison, Madras, to decide the issue of the legality of the arrest of the petitioner, which is the subject matter of Crl. M.P. No. 254 of 1989.

5.All these three petitions were taken up together for hearing. For convenience sake, the parties are referred to as per the ranking in Crl. M.P. Nos. 254 and 407 of 1989.

6.Before setting out the grounds of challenge placed before me by the respe