|
ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
|
|
|
(1964) 1 CLR 92
1964 September 29
[VASSILIADES, TRIANTAFYLLIDES, JOSEPHIDES, JJ.]
COSTAS DEMETRIOU DRYMOUSIS
Appellant,
v.
THE POLICE,
Respondents.
(Criminal Appeal No. 2730)
Criminal Procedure Law-Remand Order under section 24 of the Criminal Procedure Law, Cap. 155-Appeal from-Circumstances warranting setting aside of the remand order.
Appeal.
Appeal against a remand order made on the 8th August, 1964, under the provisions of section 24 of the Criminal Procedure Law, Cap.155, by the District Court of Nicosia (Ilkay D.J.) whereby the appellant was remanded in police custody for eight days pending the completion of the investigations into an alleged offence of unlawful possession of arms and ammunition.
L N. Clerides, for the appellant.
A. Frangos, Counsel of the Republic, for the respondents.
VASSILIADES, J.: There is at this stage upon the statement made by Counsel for the Republic ample material on which the appeal before us can be decided:
1. The appellant is not before the Court as he is not, and has at no material time been, in the custody of the State Police;
2. The remand order was not applied for by a State Police Officer as required by section 24 of the Criminal Procedure Law (Cap. 155) or with the authority of the appropriate State Police authorities.
In the circumstances we do not find it necessary for the purposes of this appeal to hear further, either side. We unanimously take the view that the remand order obtained in such circumstances should be set aside and we set it aside accordingly.
L. Clerides: Exactly the same considerations apply to the other two appeals: 2731 (Demetrios Vogias v. The Police) and 2733 (Prodromos Andrea of Prastion v. The Police).
Frangos: Agreed.
Court: Same result and similar Orders in the other appeals.
Appeal allowed.