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. The appellant pleaded guilty and upon that pica, he was convicted by the Magistrate. The appellant preferred an appeal to the High Court alleging, inter
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