Supreme Court of India · 1953-03-12
RAM NARAYAN SINGH vs THE STATE OF DELHI AND OTHERS.
- Citation / case number
- SC 1953/1487
- Court
- Supreme Court of India
- Petitioner
- RAM NARAYAN SINGH
- Respondent
- THE STATE OF DELHI AND OTHERS.
- Bench
- SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.
Judgment text excerpt
The Supreme Court held that in habeas corpus proceedings, the legality of detention must be assessed at the time of the return, not at the initiation of proceedings. Under Section 344 of the Criminal Procedure Code, a Magistrate must issue a written remand order if the accused is in custody when adjourning a case. The Court found that the absence of a written remand order rendered the continued detention of the accused illegal, emphasizing the necessity for strict adherence to legal procedures when depriving individuals of their liberty.