42/102 Cr.P.C & 411 IPC
Arvind Singh Chauhan
(Querist) 28 July 2010
This query is : Resolved
Accused was arrested with 45 Mobiles. Allegation is that he could not produce any papers and mobile may be stolen property .
Magistrate accepted judicial remand request, and taken him to judicial custody Under Sec 42/102 Cr.P.C & 411 IPC.
Question is that Definition of stolen Property as provided Under Sec 410 IPC does not include this situation.
Under 42 Cr.P.C. police have power to arrest person if any body refuses to disclose his name and address but remand papers itself disclosing his name & address and it is mentioned that relative of accused have been informed about his arrest.
Under Sec 102 Cr.P.C any propery which is suspected may be seized by police.
Please advice whether is there any offence if yes What ? Bailable or Non bailable.
Whether police could arrest him?
Whether magistrate should accept the remand.
What step would be appropriate in favour of accused.
Devajyoti Barman
(Expert) 28 July 2010
The offence is non bailable and punishable upto 3 years of imprisonment.However as the accused is arrested u/s 42 of crpc , the magistrate will let him go on furnishing a surety.
