The respondents moved Special Judge for enlargement of bail.
From the Judgment and Order dated 22 4 1976 of the Madras High Court in Criminal M.P. No.
The inspector of police Vigilance moved the Special Judge for companymitting the respondents to police custody for a period of 15 days.
1605 of 1976 for quashing the application Cr.
292 of 1976.
The respondents moved before the High Court Cr.
1587 of 1976 for a direction that the respondent should be kept in judicial custody pending investigation of the crime.
M.P. No.
The petition was dismissed.
The respondents also filed another Cr.
617 of 1976 before the Special Judge by the Police for companymiting the respondents to police custody on the ground that the Special Judge is number a Magistrate as defined in the Criminal Procedure Code and as such number empowered to act under section 167 of the Criminal Procedure Code and to place the accused in police custody.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
617 of 1976 before the Special Judge for directing the respondents to be placed under the police custody for a period of 15 days.
Inspite of the rejection of this application the police filed Cr.
M.P. No.
The first respondent V. Krishnaswami Naidu is the son of the second respondent L. Venkataswami Naidu.
They were produced before the Special Judge on the next day i.e. 3 4 1976.
Hardev Singh and R. S. Sodhi for the Respondent.
M.P. No.
That application was also rejected.
The Criminal Law Amendment Act 66 of 1952 was enacted on 28 7 1952 to further amend the Indian Penal Code and the Criminal Procedure Code 1898 and to provide for a more speedy trial of offences.
and A. V. Rangam for the Appellant.
P. Raman, Adv.
This appeal by certificate is preferred by the State of Tamil Nadu against an Order of the Madras High Court in M.Ps.
The first respondent was the Gazetted Personal Assistant to the former Minister for Health, State of Tamil Nadu.
He and the second respondent were arrested by the Vigilance and Anti companyruption unit of the Tamil Nadu Police on April 2, 1976 for alleged offence under the Prevention of Corruption Act.
The Judgment of the Court was delivered by KAILASAM, J. The question that arises in this appeal is whether the Special Judge under the Criminal Law Amendment Act, 1952 can exercise the power companyferred on a Magistrate under section 167 of the Criminal Procedure Code to authorise detention of the accused in the custody of the police.
1582 and 1605 of 1976 dated 22 4 1976.
M.P. No.
1592 and 1605/76.
