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(12). Learned counsel(s) for the prosecution, in contra, relied on para 317 of Kartar Singh (supra) wherein the Hon‟ble Supreme Court observed as under:-

"317. Though we holding that this section is constitutionally valid, we, in order to remove the apprehension expressed by the learned counsel that the Executive Magistrate and the special Executive Magistrates who are under the control of the State may not be having judicial integrity and independence as arrested by the Judicial Magistrates and the recording of confessions and statements by those Executive Magistrates may not be free from any possible oblique motive, are of the opinion that it would be always desirable and appreciable that a confession or statement of a person is recorded by the Judicial Magistrate whenever the Magistrate is available in preference to the Executive Magistrates unless there is compelling and justifiable reason to get the confession or statement, recorded by the Executive or special Executive Magistrates."