Supreme Court of India
Mahant Kaushalya Das v. State of Madras
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From the headnote
Code of Criminal Procedure (Act 5 of 1898), ss. 243, 362(2)( )- S. 243-Whether mandatory-Violation, if vitiates trial-If overrides s. 362(2)( ). The appellant was arrested by the police and immediately produced before the Presidency Magistrate, Madras on a charge under s. 4(1) ( ) of the Madras Prohibition Act on the allegation that he was in p~ession of a certain amount of Ganja concealed in a wooden box in his pre mises without any permit.…
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