Martin Appuhamy V. S. I. Police, Jaffna

1962 Present : Basnayake, C. J., H. N. G. Fernando, J.,
and Sinnetamby, J.

MARTIN APPUHAMY, Appellant, and SUB-INSPECTOR OF POLICE,
JAFFNA, Respondent

S. C. 1003 of 1959-M. C. Jaffna, 17,894

    Criminal procedure-Accused produced in custody without process-Plaint filed by Police-Duty of Magistrate to record statements on oath before framing charge- Inadmissibility of hearsay statements-Criminal Procedure Code, ss. 121 (1), 122 (3), 126A, 127, 148 (1) (a) (b) (c) (d) (e) (/), ISO, 151 (1), 151 (2), 187 (1) - Evidence Ordinance, ss. 2 (1), 60;

    The decision in Mohideen v. Inspector of Police, Pettah (59 N. L. R. 217) is applicable to all cases where an accused person is brought before a Magistrate in custody otherwise than on a summons or a warrant.

    The accused had first been produced by the Police with a report under section 126 (A) of the Criminal Procedure Code and remanded pending investigations. On a subsequent date the police filed plaint under section 148 (1) (b).

    Held, that, before framing a charge against the accused, it was incumbent on the Magistrate to have recorded statements on oath as requ

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