Why transit remand ?

Kumar Krishan Agarwal Advocate (Querist) 21 November 2010 This query is : Resolved
Dear Ld Counsel,

1 When there is no provision of transit remand then how the court would handle such types of applications when the Substantive And Procedural Law not permit.?

2. There is no provision in Cr.P.c

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Devajyoti Barman (Expert) 21 November 2010
There is lot of things absent in statute but still the court grants generally on the line of judgement of the supreme court like granting ad -interim bail.

A V Vishal (Expert) 21 November 2010
I differ on the subject refer Section 79 Cr.P.C.Warrant directed to Police Officer for Execution outside Jurisdiction:
When a warrant directed to a Police Officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive
Magistrate or to a Police Officer, not below the rank of an Officer-in-charge of a Police Station, within the local limits of whose jurisdiction the warrant is to be executed. The local Police shall, if
so required, assist him in executing the said warrant.

Further, the Procedure on Arrest of Person against whom Warrant is issued and is executed outside the district in which it was issued and if the Court issuing the warrant is beyond 30 Km from the place of execution of the warrant of arrest, the
arrested accused should be produced before the Executive Magistrate or District Superintendent of Police or Commissioner of Police in whose jurisdiction the warrant was executed, as per the
procedure laid down under Section 80 Cr.P.C. Order should be obtained from the said Executive Magistrate or District Superintendent of Police or Commissioner of Police for production of the
arrested accused before the Court, which had issued the Warrant of Arrest.

Kiran Kumar (Expert) 22 November 2010
Mr. Vishal has clarified the point.

the idea behind the provision is to make sure the person is not kept in illegal custody of police and he is produced before the Magistrate with in 24 hours.

once the arrested person is taken to the required jurisdiction, fresh orders for custody are taken from the competent Magistrate.