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