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Judgment
Govindasamy, J.—The Petitioner has filed the above writ petition for issue of a writ of Mandamus or any other appropriate writ directing the
Respondents to order a judicial enquiry into the complaints of torture and beating by the 1st Respondent officials on the Petitioner when he was
kept in their custody from 3-5-1990 to 5-5-1990. The Petitioner is a casual labourer working in the Air Port. The Customs Authorities found
smuggled gold with him and consequently retained on 2-5-1990 and interrogated the Petitioner with reference to the contraband goods. It is stated
by the Petitioner that he was brutally beaten and was tortured and the Customs Authorities forced him to give statements and that would be made
use of against him in a proceeding likely to be instituted by the Customs Authorities. It is stated that he was detained on 2-5-1990. He was
produced before the Additional Chief Metropolitan Magistrate, Madras, on 4-5-1990 and thus he was illegally detained more than 30 hours. On a
complaint made by the Petitioner the Additional Chief Metropolitan Magistrate directed the Petitioner to be admitted in the Hospital for treatment.
Despite the direction, the Petitioner was not admitted in the Hospital for the reason that the learned Magistrate did not direct the Hospital
Authorities to admit the Petitioner, with the result the Petitioner was produced before the said Magistrate on 5-5-1990. The Petitioner was
released on bail on 15-5-1990. Having regard to the fact that the Petitioner was brutally beaten and tortured and forced to give a statement which,
in fact, is not a true statement, the Petitioner has no other alternative except to file the writ Petition for the aforesaid reliefs.
The learned Counsel for the Petitioner contended that the Petitioner was illegally detained, that he was ill-treated as aforesaid, that the Petitioner
was made to give a statement contrary to true facts by reason of force inflicted by the Customs Authorities against him and that he was detained
more than 30 hours, and it is possible for the Customs Authorities to make use of the statement as against him in subsequent proceedings and
therefore it is just and necessary that a judicial enquiry should be ordered and consequently prayed for the reliefs as aforesaid. The fact that the
Petitioner is found with smuggled gold and as a result of which the Customs Authorities detained and interrogated him is not disputed and in the
course of investigation if the Petitioner is illtreated it is open to the Petitioner to seek remedy before the appropriate authority under law. Even if the
Petitioner was forced to give a statement against his interest, it is open to him to retract it at the earliest point of time, If he had retracted the
statement at the earliest point of time, he can make use of the retracted statement for the purpose of repudiating the truth and validity of the
statements obtained by the Customs Authorities by force. It is under these circumstances, there is no justification whatsoever for ordering a judicial
enquiry as prayed for in the writ petition. Consequently. the writ petition fails and is dismissed at the admission stage.