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ABHAY S. OKA, UJJAL BHUYAN
Directorate of Enforcement – Appellant
Versus
Subhash Sharma – Respondent
JUDGMENT :
ABHAY S OKA J.
1. Leave granted.
2. Heard learned counsel appearing for the appellant.
3. The appellant is the Directorate of Enforcement. By the impugned order, the High Court has granted bail to the respondent in connection with an offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short, ‘the PMLA’). The High Court found that the respondent's arrest was illegal, and on that ground, he was granted bail.
4. In paragraph 10 of the impugned judgment, the High Court has recorded factual findings which read thus:
5. The submission of the learned counsel
An illegal arrest vitiates the grounds for denying bail, emphasizing the protection of fundamental rights under Articles 21 and 22 of the Constitution.
Violation of 24-hour production mandate under Article 22(2) of the Constitution renders custody illegal, necessitating bail despite the seriousness of charges.
The detention of the petitioners beyond 24 hours without judicial authorization violated their fundamental rights, resulting in illegal arrest.
Supply of documents to arrestee – Person asserted, if he is informed or made aware orally about grounds of arrest at the time of his arrest and is furnished a written communication about grounds of a....
Detention beyond 24 hours without magistrate oversight violates constitutional rights requiring immediate bail granting.
Section 436A of the Code of Criminal Procedure, 1973, provides for bail in cases where the trial has not commenced, emphasizing the right to a speedy trial and access to justice.
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
The court ruled that while informing the grounds of arrest is mandatory, recent Supreme Court interpretations regarding PMLA and UAPA do not apply to general offenses under IPC or KCOCA.
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