NEW DELHI, June 15: In a significant order which would help police in nabbing absconders, the Supreme Court has held that a magistrate can issue arrest warrants against a person who is accused of a non-bailable offence and is evading arrest, even when a chargesheet has not been filed against him.

A three-judge bench, comprising Justice M K Mukherjee, Justice G T Nanavati and Justice B N Kripal, overruled a Bombay High Court finding and said Section 73 of Criminal Procedure Code confers powers on a magistrate to issue a warrant and that it ``can be exercised by him during investigation also''.

The High Court was of the view that a magistrate could issue warrants to ensure presence of an accused in the course of trial only after the investigating agency files chargesheet on completion of the investigation.

The appeal against the High Court order was filed by CBI in the cases arising out of the serial bomb blasts in Mumbai in 1993.

Cases were filed against 198 people, of which 42 were declared absconders, and the Central Bureau of Investigation had pleaded that they could seek assistance of Interpol to apprehend them only when the court issued an arrest warrant.

The designated Terrorists and Disruptive Activities Act (TADA )court in Mumbai had rejected CBI's plea after relying on the findings of Mumbai High Court in a case related to the blasts.

The Apex Court observed that a magistrate quite frequently plays a vital role during investigation when he holds test-identification parade, records confession of the accused persons or statement of witnesses or takes their specimen writings.

Thus, the bench said, there was no barrier for issuing a warrant of arrest in aid of investigation if an accused was evading arrest and was required to be arrested for the purpose of investigation.

If an absconder was produced before a court after being apprehended on the execution of the arrest warrant, the Apex Court said, the magistrate may remand him to police custody exercising discretion under Section 167 of the CrPC even when a chargesheet has already been filed in the case.

Of the 44 people absconding in the bomb blasts case, CBI had apprehended one Mohd Salim Mira Moiuddin Shaikh alias Salim Kutta on July 24, 1995.

Mohd Salim allegedly disclosed to Central Bureau of Investigation that Mustafa Ahmed Dossa, brother of Mohd Ahmed Dossa, and five others, were also involved in the case. All of them had left the country by the time CBI traced their addresses.

Hence, Central Bureau of Investigation had sought their arrest warrants from the designated court, a plea which was rejected.

The Apex Court ruling has enthused people concerned with criminals and absconders. The law enforcement directorate too has expressed happiness over the court ruling enabling them to issue warrants without chargesheets.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.