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2017 Supreme(Del) 4813

VIPIN SANGHI, P.S.TEJI
Moin Akhtar Qureshi – Appellant
Versus
UOI – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.K. Handoo, Mr. Yoginder Handoo, Mr. Aditya Chaudhary, Mr. Manish Shukla and Mr. Nishant Kumar, Adv.
For the Respondents: Mr. Anil Soni and Mr. Amit Mahajan, CGSC for UOI

JUDGMENT :

VIPIN SANGHI, J.

1. The present writ petition has been preferred by the petitioner Moin Akhtar Qureshi through his daughter to seek a writ of habeas corpus directing the respondent Enforcement Directorate (ED) to produce him before the Court and to set aside his illegal arrest vide the arrest memo dated 25.08.2017. He also seeks the quashing of the application dated 16.08.2017 moved by the respondent ED to seek his ED custody remand, and the order dated 26.08.2017 passed by the learned Special Judge, CBI, Patiala House Courts, Delhi on the said remand application on 26.08.2017.

2. The case of the petitioner is that the ED searched his premises on 26.02.2015 in relation to a case involving alleged violation of Foreign Exchange Management Act (FEMA). The petitioner’s statement was recorded in those proceedings on 05.01.2016. Thereafter, the petitioner was served summons dated 05.01.2016 in respect of the case registered under PMLA vide ECIR/18/DLZO/2015/AD requiring him to appear at 4:30 p.m. on the same day for recording his statement under Section 50 of the Prevention of Money Laundering Act, 2002 (PMLA). The petitioner states that he appeared in response to the summons iss































































































































































































































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