KANSHI RAM Vs. O P CHOPRA

JUDGEMENT

(1.) This matter has been on board, nobody has been appearing on behalf of the parties. In the circumstances, I had appointed Mr.R P Luthra, Advocate, as amicus curiae in the matter.

(2.) This is a revision petition filed by the petitioner aggrieved by the order of the learned Additional Chief Metropolitan Magistrate dated 18.8.1980. Mr.Luthra, learned counsel for the petitioner has contended that on 3.3.1977 respondent No.1, O P Chopra, Inspector Customs (Preventive), produced the petitioner in custody before the learned Metropolitan Magistrate and applied for his remand for four days on the ground that certain smuggled gold was recovered from one Kailash Nath on 2.3.1977, who has disclosed that he had obtained the same from the petitioner. Petitioner was arrested on 2.3.1977 when he was allegedly beaten between 12.30 a.m. to 4.00 a.m during the intervening night of 2nd and 3rd March, 1977 and produced before the Magistrate on 3.3.1977. Petitioner opposed the application for remand on the ground that the petitioner had been given sever beating while he was in custody of the customs officer. The Metropolitan Magistrate observed that |-

(3.) The learned Metropolitan Magistrate rejected the application of the customs for remand of the petitioner to their custody and remanded the petitioner to the judicial custody. The petitioner at that time was having injuries. Mr.Luthra has contended that it was the case of the petitioner that O.P.Chopra, respondent No.1, with other customs officers had given him beating and he desired to make a complaint against the offenders in the Court. After statement of the petitioner was recorded in the Court on the same day, the learned Metropolitan Magistrate passed the following order |-