Supreme Court · 1965 INSC 135 · Decided 7 May 1965
Mahant Kaushalya Das v. State of Madras
- Court
- Supreme Court of India
- Citation
- 1965 INSC 135 · [1966] 1 S.C.R. 229
- Case number
- CIVIL APPEAL No. 131/1963
- Decided
- 7 May 1965
- Bench
- A.K. SARKAR, M. HIDAYATULLAH, V. RAMASWAMI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 243; Constitution
Headnote
Code of Criminal Procedure (Act 5 of 1898), ss. 243, 362(2)(A)- S. 243-Whether mandatory-Violation, if vitiates trial-If overrides s. 362(2)(A). The appellant was arrested by the police and immediately produced before the Presidency Magistrate, Madras on a charge under s. 4(1) (A) of the Madras in p~ession of a certain amount of Ganja concealed in a wooden box in his pre­ mises without any permit. The appellant pleaded guilty and upon that pica, he was convicted by the Magistrate. The appellant preferred an appeal to the High Court alleging, inter alia, 'that he was an illiterate
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