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DINESH KUMAR SHARMA
Ram Kishor Arora – Appellant
Versus
Director, Directorate of Enforcement – Respondent
| Table of Content |
|---|
| 1. writ petition is filed challenging the legality of arrest. (Para 1 , 4 , 5) |
| 2. fundamental rights to be informed about grounds of arrest. (Para 6 , 10 , 11) |
| 3. court examines compliance with pmla provisions. (Para 12 , 20 , 39) |
| 4. final ruling on compliance with statutory arrest procedures. (Para 84 , 89) |
JUDGMENT
Dinesh Kumar Sharma, J.
1. The present petition has been filed under article 226/227 of the Constitution of India r/w section 482 Cr.P.C. for an appropriate writ, order or direction declaring the arrest of the petitioner as illegal and violative of his fundamental rights guaranteed to him under art. 14, 20 and 21 of the constitution of India and consequently forthwith directing release of the petitioner.
2. In the writ petition it has been submitted that the Petitioner was arbitrarily and illegally arrested on 27.06.2023 by Respondent No.2 and was not informed/served the grounds of his arrest. On 28.06.2023 when the petitioner was produced before the learned Special Judge an application was moved seeking copy of ground of arrest which was opposed by the ED and the learned Special Judge directed the ED to file the reply in this regard that the ground of arrest
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