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. The final report is yet to be filed in this case.

2.2 While that being so, she was found suspiciously moving around the Tambaram area on 04.11.2019, which was spotted by a police party led by the Inspector of Police, S. 11 Tambaram Police Station. She was apprehended and brought to the police station. Thereafter, what transpired deserves to be stated in the words of the Inspector of Police himself set out in the counter affidavit sworn to by him:

"3. I submit that on 04.11.2019 when I along with police party was on patrol duty, I spotted her behind GRT, West Tambaram. On seeing us, she attempted to escape. I submit that when I questioned her, she gave contradictory answers and it came to light that she was involved in a case in S-11, Tambaram P.S. Cr. No. 76/2019 u/s. 8(c), 20(b) (ii)(B) NDPS Act. Hence, I brought her to police station with the help of Woman Sub-Inspector of Police Koshya and entered her particulars in Good Behaviour Register of S-11, Tambaram P.S. vide Sl. No. 82/S11PS (L&O)/BO/2019 u/s. 110 Cr.P.C. I submit that I informed Devi orally that on receipt of summons from the Executive Magistrate/Deputy Commissioner of Police, she must appear before him for enquiry.

4. I submit that on 09.12.2019, I submitted a requisition to the Executive Magistrate/Deputy Commissioner stating the above particulars and requesting initiation of action under S. 110 Cr.P.C. against the Petitioner Devi. On 09.12.2019, a show cause order U/s. 111 Cr.P.C. issued by the Executive Magistrate/Deputy Commissioner was served on her to appear for enquiry on 16.12.2019 and her signature was obtained as proof of service.

5. I submit that on 16.12.2019, the petitioner Devi appeared for enquiry before the Executive Magistrate. In compliance with S. 112 Cr.P.C., the gist of the enquiry was read over and explained to her and a proceeding was drawn up served on the petitioner and her signature was obtained after explaining the contents of the proceeding. On 16.12.2019, the petitioner Devi was directed to execute a bond for good behaviour for a period of one year under Section 110 Cr.P.C. with two sureties by the first respondent. Pursuant to the said order, on the same day i.e. 16.12.2019, she executed the bond for good behaviour for a period of one year and has given two sureties for the same.

6. I submit that the petitioner Devi involved herself in a fresh case on 21.12.2019 which was registered in S-11, Tambaram P.S. Cr. No. 989/2019 u/s. 8(c), 20(b)(ii)(A) NDPS Act and 328 IPC. I submit that she was arrested in the said case on the same day i.e. 21.12.2019 at 14.15 hrs and remanded to judicial custody by the Judicial Magistrate, Tambaram.

7. I submit that I filed a petition on 24.12.2019 (along with enclosures) before the Executive Magistrate-cum-Deputy Commissioner of Polic