As per the case, the petitioner Kishore of Coimbatore had several cases against him and he was in judicial custody in some other cases. During such time, Karamadai police and PN Palayam police effected a formal arrest through a PT Warrant on April 3, and May 11, 2020, respectively. But the said person was produced before the magistrate court concerned only on August 21 and remanded.
His counsel contended that as a result of this inordinate delay, the petitioner lost his fundamental right of liberty guaranteed under the Constitution.
Justice Anand Venkatesh on pointing out that the police by adopting a skewed practice have defeated the right of the petitioner, said: “If the petitioner had been produced before the Magistrate Court concerned immediately after he was formally arrested by the police and remanded in judicial custody, the petitioner would not have lost the important right provided under the proviso to Section 167(2) of CrPC.”
“This practice must be immediately stopped by the police and even in a case where a person is involved in serious offences, the correct procedure has to be adopted scrupulously,” he added.