Inspector Of Police & Ors vs N.M.T. Joy Immaculate on 5 May, 2004
Author: G.P. Mathur
Bench: Chief Justice , G.P. Mathur ... Inspector of Police & Ors.
RESPONDENT:
N.M.T. Joy Immaculate
DATE OF JUDGMENT: 05/05/2004
BENCH:
CJI & G.P. Mathur.
JUDGMENT:
JUDGMENT
decision
of the Supreme Court in State
Vs. N.M.T. Joy Immaculate reported in (2004) 5 SCC 729 reported ... question, in the case of
State Vs. N.M.T. Joy
Immaculate reported in (2004) 5 SCC 729.
In N.M.T. Joy Immaculate (supra
though CBI
reported in 1980 Supp.SCC 92, State Vs. NMT Joy Immaculate reported in
( 2004) 5 SCC 729, Girish Kumar Suneja Vs. CBI reported ... Page No.# 14/44
the pronouncement of the Supreme Court in Joy Immaculate, (supra), wherein
in paragraph 8 the expression 'interlocutory order
interlocutory order as held by the Supreme Court in Joy
Immaculate Case. The learned Senior Counsel also admit that remanding a
person to judicial custody ... would not conduct themselves as offenders."
He next referred to JOY IMMACULATE's case, where the Supreme Court has held
that while considering
Inspector of Police and others Vs.
N.M.T Joy Immaculate reported as 2004(5) SCC 729 for the said
proposition and has also relied ... Supreme Court in N.M.T Joy
Immaculate (supra), it has been specifically observed that the police
officers are fully authorized to require the personal
represented by Inspector of
Police and others Vs. N.M.T. Joy Immaculate];
wherein, the larger bench of the Apex Court took
into consideration ... Metropolitan Magistrate granting police
custody of the accused Joy Immaculate
for one day."
21 Crl.RP 193/14
So, as held by the Apex
State (Inspector of Police) v. N.M.T. Joy Immaculate, reported in 2004 SCC (Cri) 1722, Bipin Shantilal Panchal v. State of Gujarat, reported ... into progress of investigation.
9. In State v. N. M. T. Joy Immaculate (supra) there was search and seizure on the basis of confession obtained
interlocutory order as held by the Supreme Court in Joy Immaculate Case. The learned Senior Counsel also admit that remanding a person to judicial custody ... would not conduct themselves as offenders."
He next referred to JOY IMMACULATE's case, where the Supreme Court has held that while considering
case of State
represented by Inspector of Police v. NMT Joy Immaculate
and referring to the observations therein it has been emphasised that ... Apex
Court in the case of NMT Joy Immaculate (supra), the court has
requested the leaned Chief Justice for
referring the matter to a larger
Supreme Court Cases 729, State vs. N.M.T.Joy Immaculate, mainly contended that the remand order, even if it is ex facie illegal ... Supreme Court Cases 729, State vs. N.M.T.Joy Immaculate, one thing is crystal clear that the revision is not maintainable as against
