Friday 26 April 2024

Supreme Court: Jurisdictional Magistrate can not Remand Accused in UAPA Cases Beyond 90 Days

  In view of the definition of the 'Court' provided Under Section 2(1)(d) of UAPA, the jurisdictional Magistrate would also be clothed with the jurisdiction to deal with the remand of the Accused albeit for a period of 90 days only because an express order of the Sessions Court or the Special Court, as the case may be, authorising remand beyond such period would be required by virtue of Section 43D(2) of UAPA(reproduced supra). {Para 36}

37. Hence, to the extent the learned Chief Metropolitan Magistrate extended the remand of the Accused beyond the period of 90 days, the proceedings were grossly illegal.


Criminal Appeal No. 2128 of 2024 

Decided On: 18.04.2024

The State of West Bengal Vs. Jayeeta Das

Hon'ble Judges/Coram:

B.R. Gavai and Sandeep Mehta, JJ.

Author: Sandeep Mehta, J.

Citation:  MANU/SC/0317/2024.

Read full Judgment here: Click here.

Print Page

No comments:

Post a Comment