GENERAL PROBLEM
Arvind Singh Chauhan
(Querist) 25 June 2010
This query is : Resolved
Generally it is seen. when the police seeks remand, magistrate grants without looking the legality and without carefully checking the case diary.
One of my client was caught was with "Jangali Lahsun" (Alium Atrachiyi). He is the resident of high altitude of himaliya and collection and cultivating herbs is their main source of bread. Police sought remand that it was removed from reserve forest. Remand was granted under Section 26 Indian Forest act. At the time of hearing my argument was, police is unable to show that collection of this herb is prohibited illegal under particular law. They only says that it was removed from reserve forest. even police does not know the botanical name of this herb or it's use and unable to say that this area comes under reserve forest. my bail application was rejected.
My question is that if without any prima facie proof of offence court grants judicial remand. What is the remedy against such baseless remand order and illegal detention specially against officer granting such remand believing on the story of police.
Daksh
(Expert) 26 June 2010
Dear Arvind,
Go for the review/appeal against the order citing the non application of mind and mechanically acceeding to the request for remand.
Based on the reasoning prepare your case for Section 482 for quashing.
Best Regards
Daksh
Arun Kumar Bhagat
(Expert) 26 June 2010
File application under section 439 Cr.P.Code before Higher Courts.
