Back
CHAKRADHARI SHARAN SINGH, KHATIM REZA
Manoj Kumar Ladha @ Manoj Ladha – Appellant
Versus
Central Bureau of Investigation – Respondent
Gautam Navlakha vs. National Investigation Agency, 2021 SCC OnLine SC 382—Distinguished.
Chakradhari Sharan Singh, J.—The petitioner is an accused in Special Case No. 3 of 2022 arising out of RC 8(A) of 2022 registered by the Central Bureau of Investigation (CBI for short) for the offences punishable under Sections 7 and 8 of the Prevention of Corruption Act, 1988 read with Section 120-B of the Indian Penal Code. A copy of the FIR has been brought on record by way of Annexure-1 to the writ petition, from which it transpires that the petitioner is one of the Directors of M/s Abha Agro Industries Private Limited and M/s Abha Agro Export Private Limited. Based on a secret information to the effect that the petitioner and other persons, under a well-made conspiracy with the officials of East Central Railway Headquarter (ECR), Hajipur were availing out-of-turn allotment of railway rake services, having extra stacking time for their firms and other undue advantages in exchange of payment of huge bribes on monthly basis to the public servants, a trap was laid by a CBI team on 31.07.2022, during the course of which the petitioner’s driver was caught giving bribe to a co-accused Sanjay Kumar
The appearance of the accused petitioner before the Investigating Officer as per the direction of the Hon'ble Apex Court does not in any way negate the orders passed by the trial court which were sou....
The main legal point established in the judgment is that the custody and remand of the petitioner were found to be legal and in compliance with the law, including the Arnesh Kumar case guidelines and....
The court ruled that consent under Section 45 of the Cr.P.C. was not required for the petitioner's arrest, affirming the jurisdiction of the Special Judge and the validity of remand orders.
The main legal point established in the judgment is that the rejection of remand must be based on a proper understanding of the law, including the provisions of Sec. 41 Cr.P.C. and the guidelines lai....
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
Section 22(1) of Act provides that State Government may constitute one or more Special Courts for trial of offences under any or all of enactments specified in Schedule.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
