Sec.80 of Crpc. Procedure of arrest of person against whom warrant issued.
When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.
Sec.76 of Crpc. Person arrested to be brought before court without delay.
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court.
See the Judgment:
“No transit remand as required under section 80 read with section 76 Cr.P.C. was taken by the arresting officer. The petitioner was not produced, after his arrest, before the Magistrate for seeking transit remand as per the provisions contained in section 76 Cr.P.C.”
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (Cr) (H.B) No. 116 of 2012
Ram Bilash Sahu …. Petitioner versus
1. The Union of India through the Director,
Central Bureau of Investigation(CBI),
New Delhi ;