JUDGMENT

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the impugned judgment and final order dated 30.07.2007 passed by the High Court of Delhi at New Delhi in Contempt Case (Criminal) No. 8 of 2007 rejecting the said application filed by the appellant.

2. Facts and circumstances as stated by the parties, giving rise to this appeal are that:

A. The appellant had been working as Deputy Director, Enforcement of Delhi Zone under the Directorate of Enforcement from 6.11.1996, and in that capacity, he conducted raids on various suspects under the provisions of Foreign Exchange Regulation Act (FERA), 1973 including one S.C. Barjatya, an alleged Hawala operator, as he had received an information that an amount of US$ 1.5 lakhs had been transferred from the account of Royalle Foundation in Swiss Bank Corporation, Zurich to the account of one S.K. Kapoor in HSBC Bank, Hong Kong. Subsequently, the said Shri S.C. Barjatya filed a complaint that the above transaction is forged and he is being falsely implicated. In view thereof, case No. RC S18/E0001/1999 was registered on 29.1.1999 against unknown officers of the Enforcement Directorate (hereinafter referred to as `ED’) and while enquiring into this complaint, the statements of various other persons were recorded. Passport of the appellant was seized on 4.3.1999. The statement of one Abhishek Verma was recorded under Section 161 of Code of Criminal Procedure, 1973, (hereinafter referred to as `Cr.P.C.’), who had been arrested in that case. He was later enlarged on bail by the court and his statement under Section 164 Cr.P.C. was recorded, wherein he had stated that the appellant had been threatening him and extorting money from him while seeking information in respect of dealings in foreign exchange.

B. A look out notice was issued against the appellant through the Interpol as he was absconding. The appellant was arrested on 23.12.1999 from Saharanpur where he was staying in a hotel under a fictitious name. The appellant was remanded to police custody for 5 days in the first instance, which was later extended to another 2 days till 31.12.1999. During the police custody, the appellant alleged to have been physically abused and humiliated.

C. The appellant moved a bail application on 24.12.1999 which came for hearing on 3.1.2000 and 4.1.2000. During the course of proceedings, the learned Special Judge was shown a document purported to have been emanated from the Interpol Singapore on 29.12.1999 and sent to Interpol New Delhi in response to a requisition sent by Central Bureau of Investigation (hereinafter referred to as the `CBI’) through the Interpol Delhi on 16.12.1999. On the basis of the said information received from Interpol Singapore, the respondents- officers argued that the appellant had been in Singapore from 10.2.1999 to 14.2.1999 and though his passport which had been impounded did not contain any such stamp, and therefore he was possessing and using a forged passport with the same number. The Special Judge accepted the submissions and rejected the application of the appellant for bail vide order dated 6.1.2000.

D. The respondents had been seeking more information from the Interpol Singapore and in response to the same, a reply dated 7.1.2000 was received that earlier communication dated 29.12.1999 was incorrect and the appellant did not enter into Singapore on the aforesaid dates i.e. 10.2.1999 to 14.2.1999. The said information dated 7.1.2000 was further confirmed by Interpol Singapore vide letter dated 12.1.2000. In further correspondence, the Interpol Singapore admitted its mistake vide communication dated 12.1.2000.

E. Respondent No. 2 filed a remand application dated 13.1.2000 seeking further judicial custody of the appellant for 14 days. In that application also, it was not disclosed that the respondents had received a communication from Interpol Singapore that earlier communication informing about the ap