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SANJAY KUMAR DWIVEDI
Debidatta Sarangi, Assistant Director, Directorate of Enforcement, Government of India, Ranchi – Appellant
Versus
Sunil Yadav – Respondent
JUDGMENT :
Heard Mr. Anil Kumar, learned A.S.G.I., appearing for the petitioner and Mr. Sabyasanchi, learned counsel for the sole opposite party.
2. Seeing the urgency in the matter vide order dated 12.10.2023, notice was directed to be served upon the sole opposite party through Dasti, pursuant to that notice has been issued and served upon the opposite party and affidavit to that effect has been filed by the petitioner herein. Mr. Sabyasanchi has appeared on behalf of the sole opposite party.
3. This criminal revision petition has been preferred against the order dated 16.09.2023 passed by the learned Special Judge (PMLA), Ranchi rejecting the remand application filed under Section 167(2) of Cr.P.C. read with Section 65 of Prevention of Money Laundering Act (PMLA) for remand of the accused Sunil Yadav, who is the sole opposite party in this petition.
4. ECIR No. 03/2022 was registered on 08.03.2022 on the basis of FIR No.85/2020 dated 22.06.2020 registered by Barharwa Police Station, Sahibganj District, Jharkhand under Sections 147, 149, 341, 342, 323, 379, 504, 506 read with 120-B of the Indian Penal Code against Pankaj Mishra and others on the basis of the complaint of one Shri Sam
The main legal point established in the judgment is that once an accused is remanded to judicial custody, he cannot be sent back to police custody for the same investigation, and further interrogatio....
The right to bail under Section 167(2) of the Cr.P.C. is contingent upon the completion of the investigation within the prescribed time frame, which is calculated from the date of judicial remand, no....
The court emphasized the importance of balancing the requirements of investigation with the necessity for custodial interrogation, and highlighted the need for a responsible approach to custodial int....
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 the requirement of a valid remand order under CrPC 167 and 309 to maintain the legality of the custody and the continuity of custody with the court....
No accused can be permitted to frustrate judicial process by his conduct.
(1) Writ of Habeas Corpus – When there is a non-compliance of mandatory provisions along with a total non-application of mind, there may be a case for entertaining a writ of Habeas Corpus and that to....
The filing of a complaint within the stipulated time precludes the entitlement to default bail, regardless of remand order irregularities, which must comply with statutory requirements.
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
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