Now, this provision and the other provision say that an accused must be kept with the authority of a Magistrate;-and third-class and second class Magistrates, unless they are specially empowered, have not the right to authorise detention of a person, because in 1923 we passed a law whereby a proviso was added to this effect :- “Provided that no Magistrate of the third class and no Magistrate of the second not specially empowered in this behalf (by the Provincial Government) shall authorise detention in the custody of the Police.”
