Supreme Court · 1994 INSC 36 · Decided 31 January 1994
Directorate of Enforcement v. Deepak Mahajan and ANR.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 36 · [1994] 1 S.C.R. 445
- Case number
- CRIMINAL APPEAL No. 537/1990
- Decided
- 31 January 1994
- Bench
- S. RATNAVEL PANDIAN, K. JAYACHANDRA REDDY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 167(1), 167, 167(2); Customs Act Section 35, 104(2), 104
Headnote
B Criminal Procedure Code 1973: Sections 167(1) and (2)--Person ar­ rested under Special Act viz. FERA or Customs Act and produced before a Magistrate-Jurisdiction to authorise detention-Held : Magistrate has the jurisdiction under S. 167(2)-ATTest and custody-Distinction between-ATTest C 1)-AlTest need not be by Police Officer alone-'Police Officer' includes authorised or empowered officer under special Acts like FERA/Customs Act. Foreign Exchange Regulation Act, 1993/Customs Act, 1962-S. 35(2 )1104(2 )--Procedure under s. 167 Cr. P. C.-Whether attracted after a1Test D of a
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