IMPORTANT POINT
Custodial interrogation cannot be used to extract confessions, and further remand requires new grounds not previously addressed.

ORDER :

1. Present Criminal Revision Application under Section 397 read with Section 401 of the Criminal Procedure Code, puts under challenge order dated 16/08/2024 passed by the learned Principal District and Sessions Judge and Special Designated Judge (PMLA), Ahmedabad (R) at at Mirzapur.

2. The challenge is made by the Directorate of Enforcement, Ahmedabad Zonal Office, Ahmedabad seeking further remand of respondent no.1 Shaileshkumar Babulal Bhatt which came to be rejected by the designated court.

3. The PMLA case bearing No.ECIR/AMZO/012019 dated 30/09/2019 was recorded by the Director of Enforcement, Ahmedabad against respondent no.1 Shailesh Babulal Bhatt and others in connection with FIR bearing No.-I-03 of 2018 dated 19/05/2018 under Sections 364(A), 365, 384, 387, 343, 323, 504, 506(2), 170, 193, 201, 120-B of the Indian Penal Code, 1860 and Section 25(1)(A) of the Arms Act, 1959, registered against respondent no.1 and others by the CID Crime, Surat for the offence of kidnapping of Piyush Savaliya and Dhaval Mavani, and extortion of 2091 Bitcoins, 11000 Litecoins and INR 14.5 crores in cash in lieu of releasing Dhaval Mavani from his confinement.

4. Mr.Siddharth Dave, learned advocate along with Mr.Ankit Shah, learned advocate submitted that the learned Judge while rejecting the prayer for further remand has not taken into consideration the new facts which has been raised in the remand application, more specifically the facts of investment not disclosed by the respondent in his previous statement, the details with regard to Benami Property purchased by him out of the proceeds of crime and the details of the cash received through one P. Umesh, Angadia on 02/02/2018 as extortion money and further INR 24 crores in cash through the same Angaida during the same period. Respondent no.1 as an accused has not given the details of the source as well as the end utilization which learned advocate Mr.Dave, says that it was required to be investigated further by the Enforcement Directorate (ED) during the course of custodial interrogation. Mr.Dave, learned advocate further stated that mobile phone of the accused submitted by him sent for forensic examination to National Forensic Science University (NFSU), Gandhinagar and the data extracted from the said mobile of the accused, the incriminating details/data found present are required to be confronted to the accused and for that the ED warrants further custodial interrogation. Mr. Dave, learned advocate further stated that due to paucity of time, as earlier only two days remand was granted, the properties of the other accused namely Rajubhai Desai, Kirit Paladia and any other person purchased using the proceeds of crime is also required to be investigated by way of further custodial interrogation and submitted that a substantial part of the said extorted Bitcoins and cash are yet to be identified, which is in the specific knowledge of accused which he is willingly withholding and the statement of Bitcoins wallet of accused Shailesh Babulal Bhatt is also required to be examined as the evidence reveals that the accused has generated, possessed, acquired and concealed the proceeds of crime and also projected a part of the said proceeds of crime as his untainted property and submitted that the learned Designated Judge has not examined this ground for further remand.

4.1. Mr. Dave, learned counsel, referring the judgment of the co-ordinate bench in case of Mohammad Ismail @ Sajju Gotilal S/o Mohammad Hanif Shaikh vs. State of Gujarat reported in 2024 (0) IJEL-HC 248735, submits that the right of investigating agency to investigate the offence is a statutory right and those rights cannot be curtailed.

5. Countering the arguments, Mr. Chetan K. Pandya, learned advocate, along with Mr. Kishan Dahiya, learned advocate for respondent no.1 stated that for the offence registered by the Enforcement Director, the accused was summoned and the accused had appeared personally on 27/06/2023, 30/07/2023, 3