SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Mad) 2101

P.N.PRAKASH
Devi – Appellant
Versus
Executive Magistrate-cum-Deputy Commissioner of Police, St. Thomas Mount District – Respondent


Advocates Appeared:
For the Appellant : K.S. Kaviarasu.
For the Respondents:P. Kritika Kamal, Govt. Advocate and Sharath Chandran, Amicus Curiae.

ORDER :

P.N. Prakash, J.

1. This criminal revision, seeking to set aside the order dated 03.01.2020 passed by the first respondent in Na.Ka. No. 564/Exe/Mag.DC. St. T.M./2019 in S-11 Tambaram P.S. Cr. No. 82 of 2019 under Section 110 Cr.P.C., raises a legal conundrum that touches upon the power of the khaki-clad officers to wear the cloak of an Executive Magistrate to exercise judicial powers for incarcerating ordinary citizens.

2. Facts of the case :

2.1 The detenue in this case is one Devi who has a dubious distinction of having 24 previous cases under the NDPS Act for peddling ganja in and around the Tambaram area. The police opened a history sheet vide H.S. No. 14 of 2014 and she was detained under Act 14 of 1982 around five times. The last of these brushes with the law, immediately preceding the impugned proceedings, was S. 11 Tambaram P.S. Cr. No. 76 of 2019 under Section 8(c) read with Section 20(b)(ii)(B) of the NDPS Act, for allegedly possessing 1.100 kgs. of ganja. She was arrested on 17.01.2019 and released on bail by the Special Court for NDPS Act Cases on 01.03.2019. T

                                                Click Here to Read the rest of this document
                                                1
                                                2
                                                3
                                                4
                                                5
                                                6
                                                7
                                                8
                                                9
                                                10
                                                11
                                                SupremeToday Portrait Ad
                                                supreme today icon
                                                logo-black

                                                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                Please visit our Training & Support
                                                Center or Contact Us for assistance

                                                qr

                                                Scan Me!

                                                India’s Legal research and Law Firm App, Download now!

                                                For Daily Legal Updates, Join us on :

                                                whatsapp-icon telegram-icon
                                                whatsapp-icon Back to top