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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J., PRADEEP KUMAR SRIVASTAVA, J.
Amit Kumar Agarwalson Of Sri Vijay Kumar Agarwal – Appellant
Versus
Directorate Of Enforcement, Government Of India – Respondent
| Table of Content |
|---|
| 1. facts essential to the arrest under pmla and the chain of events leading to it. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments around the legality of the detention and grounds of arrest. (Para 8 , 9 , 12 , 13) |
| 3. court's observations on procedural compliance at arrest and remand stages. (Para 29 , 30 , 34) |
| 4. ratio decidendi on the importance of adherence to remand procedures. (Para 55 , 84 , 138) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant writ petition has been filed under Article 226 of the Constitution of India for holding the detention/arrest of the petitioner since 07.06.2023 and remand since 09.06.2023 in ECIR Case No. 01 of 2023 (arising out of ECIR/RNZO/18/2022) as void ab initio and further for quashing/setting aside the remand order dated 09.06.2023 passed by the learned Special Judge, PMLA, Ranchi and in consequence thereof direction for release of the petitioner from custody in ECIR No. 01 of 2023 (arising out of ECIR/RNZO/18/2022).
Factual Matrix
2. Brief facts of the case, as per the prosecution version, needs to refer herein, which reads as under.
3. An ECIR bearing No. 18/2022 was recorded, on the basis of the FIR bearing No. 141 of 2022 [Bariyatu P.
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