Arrest -- Production Before Jurisdictional Magistrate Within 24 Hours -- Transit remand not mandatory
(i) Constitution of India, 1950, Art.22(2) -- Arrest -- Production Before Jurisdictional Magistrate Within 24 Hours -- Expression “nearest Magistrate” is referable to time taken for production, namely twenty-four hours of arrest, and not to physical distance from the place of arrest -- Where police produce the arrested person before the jurisdictional Magistrate within this period, excluding journey time, obtaining a transit remand from a non-jurisdictional Magistrate is not mandatory and there is no violation of this provision. (ii) Code of Criminal Procedure, 1973, S.439 -- Habeas Corpus -- Challenge to Valid Remand Order -- Writ of habeas corpus does not lie against judicial custody ordered by a competent court unless the order suffers from complete absence of jurisdiction or patent illegality -- Remand order passed by the jurisdictional Magistrate upon production of the arrested person within the statutory period cannot be assailed through such a writ.
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