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A. S. CHANDURKAR, JITENDRA JAIN
Sagar Maruti Suryawanshi – Appellant
Versus
State of Maharashtra – Respondent
ORAL JUDGMENT
A. S. Chandurkar, J. - Rule. Rule made returnable forthwith and heard learned Counsel for the parties.
2. By this writ petition filed under Article 226 of the Constitution of India the Petitioner seeks a declaration that his detention beyond twenty four hours is illegal and hence he is entitled to be released in connection with First Information Report No.806 of 2019 registered with Pimpri Police Station, Pune. The Petitioner has also raised the challenge to the order dated 29/03/2024 passed by the learned Judge of the Special Court, Pune remanding the Petitioner to police custody.
3. Mr. Ashish Bhise, the learned Counsel for the Petitioner submitted that in connection with Special Prevention of Money Laundering Case No.673 of 2023, he was under judicial custody of the Special Court, Mumbai. The Senior Police Inspector, Pimpri Police Station during the course of investigation in FIR No.806 of 2019 registered under Sections 420, 406, 409, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code as well as Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (for short, the Act of 1999) sought his custody.
The court established that compliance with the procedural requirements of Section 167 of the Code of Criminal Procedure is essential for the legality of detention, and that the timelines for producti....
The court affirmed that the definition of arrest includes any situation where a person's liberty is restrained, and emphasized the constitutional and statutory obligation to produce an arrested perso....
The failure to obtain a transit warrant and produce the accused within 24 hours constitutes a violation of Article 22(2) of the Constitution, rendering the detention unlawful.
Mandatory compliance with Section 19 of the Prevention of Money-Laundering Act is essential; failure to comply renders arrest and subsequent proceedings illegal.
Failure to produce arrested individuals before the nearest Magistrate within 24 hours constitutes illegal detention, impacting subsequent remand validity.
Detention is unlawful if not presented before the nearest Magistrate within 24 hours of arrest, but subsequent valid remands under different provisions can negate initial illegalities.
A person in custody cannot be detained without producing him before a Magistrate under colourable pretention that no actual arrest is made.
The distinction between detention and formal arrest is crucial; detention during an investigation does not necessarily constitute an arrest unless it deprives the individual of liberty, affecting com....
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