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2023 Supreme(Del) 992

MUKTA GUPTA, SUDHIR KUMAR JAIN
Surender Kumar Bansal – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Dayan Krishnan, Senior Advocate with Mr. Lalit Gupta, Mr. Adit Pujari and Mr. Sidharth Arora, Advocates, for the Petitioner.
Mr. Anupam S. Sharrma, Special Counsel ED with Ms. Harpreet Kalsi, Mr. Ripudaman Sharma, Mr. Prakarsh Airan and Mr. Abhishek Batra, Advocates, for the ED/Respondent-1.
Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal and Mr. Abhinav Arya, Advocates, for the Respondent-2/State.

JUDGMENT

Mukta Gupta, J. The present petition has been filed by the petitioner seeking a writ of Habeas Corpus to forthwith release the petitioner from illegal custody in a criminal case pending before the learned Special Judge, P.C.Act-CBI-03, Rouse Avenue District Courts, titled as `Asstt. Director PMLA Vs. SSK Trading Pvt. Ltd. and Ors.' in ECIR No. 06/DLZO1/2018 dated 8th May 2018 recorded by the Directorate of Enforcement as also setting aside of the order dated 24th January 2023 passed by the learned Special Judge and the consequent remand of the petitioner herein till 21st February 2023.

2. The brief background resulting in filing of the present writ petition is that the petitioner was arrayed as an accused in the above-noted ECIR and was arrested on 15th November 2022. The petitioner was remanded to judicial custody for 6 days on 16th November 2022 and thereafter, for 6 days till 22nd November 2022, following which, the petitioner was remanded to judicial custody which order of remand was extended by the learned Special Judge from time to time under Section 167 CrPC. On 13th January 2023, the respondent filed the complaint and the matter was adjourned by the learned Special

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