Kumaresu Et Al., V. The Divisional Revenue Officer

1949 Present . Wijeyewardene C.J.

KUMARESU et al., Appellants, and THE DIVISIONAL REVENUE OFFICER, VAVUNIYA, Respondent

S. C. 1,390-1,392-M. C. Vavuniya, 21,374

Criminal procedure-Procedure when investigation of offence cannot be completed in twenty-four hours-Unlawful detention for a period exceeding fifteen days in all-Escape from custody-Power to pursue and ' re-arrest- Penal Code, s. 320A-Criminal Procedure Code, ss. 35 and 126A (2).

An accused who has been irregularly ordered under section 126A (l2) of the Criminal Procedure Code to be detained for a term exceeding fifteen days in the whole may yet be guilty of escaping from lawful custody, if, at the time he escapes, the period of fifteen days contemplated by the section has not expired.

The right given by section 42 of the Criminal Procedure Code to pursue and re-take a person escaping from lawful custody should be exercised immediately. An arrest made after an interval of time after an immediate but unsuccessful pursuit would therefore be unlawful.

Section 35 of the Criminal Procedure Code contemplates an arrest at the time of the commission of a

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