Crpc section 81 and 167 2 (a)

What are the facts? What is the context?

A foreign Warranty has been produced before me as I am an Executive Magistrate.This is a NBW.

Your profile suggests that you are trying to have some fun at the expense of this platform which is meant ofr those who are trouble or dilemma because of realtime legal issues.

Sir,This is a genuine question as I am in dillema,I have sent the warranty to 7 days Judicial Custody as per Section 167 2 (A) (Which may not be the correct procedure  as an EM specially conferred with JM power can send the accused to judicial custody not exceeding 7 days.)

Now as the 7 day time period is over, Whether I should order to produce him before the Chief Judicial Magistrate??

Dear Mr. Sashwat,

With reference to your query, Sections 70-80 crpc, under Warrant of Arrest - The CJM or First Class Magistrate can direct a warrant to any person within his juridiction for the arrest of such person who are escaping from the arrest and also a accused of a non bailable offence.

• If a warrant of arrest is executed outside the territorial limit, the arrested person must be taken before a Magistrate unless the Court which has issued the warrant is within thirty kilometers of the place of arrest, or is nearer than the Magistrate. The Executive Magistrate must direct the removal of the arrested person to the Court  if such person appears to be the same person as was contemplated by such Court. 
• However, if the offence is bailable, a person is ready and willing to give satisfactory bail, the Magistrate must take such bail and forward the bond to the Court issuing the warrant. Even if the offence is non-bailable, it is upto a Chief Judicial Magistrate or the Session Judge to release such a person on bail, after considering the information and documents referred under S. 78(2).