Supreme Court of India · 1979-05-03
STATE OF TAMIL NADU vs V. KRISHNNASWAMI NAIDU & ANR.
- Citation / case number
- SC 1976/60826
- Court
- Supreme Court of India
- Petitioner
- STATE OF TAMIL NADU
- Respondent
- V. KRISHNNASWAMI NAIDU & ANR.
- Bench
- KAILASAM, P.S.
Judgment text excerpt
The Supreme Court held that a Special Judge appointed under Section 6 of the Criminal Law (Amendment) Act, 1952 can exercise powers under Section 167 of the Criminal Procedure Code to authorize police custody of an accused. The Court clarified that while the Special Judge is not a Sessions Judge for the purposes of taking cognizance of offences, he is empowered to act similarly to a Magistrate in this context. The High Court's decision to quash the police application for custody was overturned, affirming the Special Judge's authority to order such detention.