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SUPREME COURT OF INDIA
B. SUDERSHAN REDDY, S.S. NIJJAR, JJ.
Assistant Director, Directorate of Enforcement - Petitioner
Versus
Hassan Ali Khan - Respondent
SLP (Crl.) No. 2455 of 2011
Decided on : 17-03-2011
Money-Laundering Act - Detention for Custodial Interrogation
Fact of the Case:
The court found that the material on record prima facie disclosed the commission of an offence punishable under the Prevention of Money-Laundering Act, 2002. The impugned order created an extraordinary situation that could frustrate the investigation, leading the court to propose an extraordinary solution by authorizing the detention of the respondent-accused for custodial interrogation.
Finding of the Court:
The court was satisfied with the material on record and the extraordinary circumstances, leading to the decision to authorize the detention of the respondent-accused for custodial interrogation in the custody of the authorities of the Enforcement Directorate for a period of four days.
Issues: The main issue was the necessity to authorize the detention of the respondent-accused for custodial interrogation due to the extraordinary situation created by the impugned order.
Ratio Decidendi: The court's decision was influenced by the extraordinary circumstances, complexity of the issues involved, and the magnitude of the case, leading to the authorization of the respondent-accused's detention for custodial interrogation.
Final Decision: The court authorized the detention of the respondent-accused in the custody of the authorities of the Enforcement Directorate for a period of four days.
ORDER :
B. Sudershan Reddy and S.S. Nijjar, JJ.
List on the notified date. There shall be stay of the operation of the impugned order dated 11-3-2011 passed by the Principal Judge, City Civil and Sessions Court and Special Court, Mumbai under the Prevention of Money-Laundering Act, 2002 in RA No. 1 of 2011 in ECIR/02/MZO/2007.
2. We are satisfied that the material made available on record prima facie discloses the commission of offence by the respondent herein punishable under the provisions of the Prevention of Money-Laundering Act, 2002.
3. The order passed by the learned Principal Judge creates an extraordinary situation if allowed to stand even for a moment may ultimately result in frustration of the very investigation. An extraordinary situation requires an equally effective and extraordinary solution. It is for that reason we propose to interfere with the order even at this stage.
4. Having regard to the extraordinary circumstances and complexity of the issues involved and the magnitude of the case, we consider it appropriate to authorise the detention of the respondent-accused herein for his custodial interrogation. We, accordingly, authorise the detention of the respondent- accused in the custody of the authorities of the Enforcement Directorate. He shall, accordingly, remain in the custody of the authorities of the Enforcement Directorate for a period of four days.
5. There shall be an order accordingly.
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