STATE DELHI ADMINISTRATION Vs. RAVINDER KUMAR BHATNAGAR

JUDGEMENT

(1.) The respondent was arrested on 30th December 1981 in connection with the kidnipping of a young boy. The dead body of the boy was found on 1st January 1982. In the first instance, the Magistrate authorised the detention of the respondent in police custody till 6th January 1982. By a farther order, that period was extended up to 8th January, 1982. After that date the respondent has been held injudicial custody.

(2.) On 23rd February 19H2, the police again applied to the Chief Metropolitan Magistrate for custody of the respondent. They said they needed him to recover certain articles and, also. to find out who were the other participants in the crime. By an order dated 25th February 1982 the Magistrate declined to grant custody to the police. Against the order the State has now come in revision.

(3.) It is manifest from the order of the Magistrate that he refused to give custody to the police because more than fifteen days had passed since the respondent's arrest. Counsel for the State said that this view was based on some erroneous observations which had 'crept into' the judgment of the Division Bench of this court in Criminal Miscellaneous (Main) No. 427 of 1981 entitled State (Delhi Administration) v. Dharam Pal and others, decided on 4th November, 1981. In that case, it was held that under section 167(2) of the Criminal Procedure Code 1973, the Magistrate can alter the nature of the custody of an accused from time to time. and, in particular grant custody to the police even after the accused has been held in judicial custody. Two judgments, of a single judge of this court, holding otherwise, were overruled. There are passages in the judgment of the Division Bench which clearly indicated that custody to the police can be granted only within the 'first' fifteen days after arrest. The following sentence occurs on page 11 of the judgment: