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 PMLA's arrest provisions ensures legality in this case.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India praying for a direction to the respondents herein to produce the body of the detenu by name Shri V. Senthil Balaji, S/o Velusamy, aged about 48 years before this Court and set him at liberty.)

J. Nisha Banu J.

1) This Habeas Corpus Petition is filed under Article 226 of the Constitution of India praying to issue a Writ directing the respondents to produce the body of the detenu Shri V.Senthil Balaji, S/o Velusamy aged about 48 years before this Court and set him free.

1.2) The petitioner is the wife of the detenu in CC Nos.19, 24 &25 of 2021 on the file of the Learned Additional Special Court against MP/MLA for offences under Sec 406, 409 420, 506 (1) read with Sec 34 of the INDIAN PENAL CODE .

1.3) The allegation against the detenu is that, during 2014, while officiating as a Transport Minister in the Government of Tamil Nadu, he had obtained money from third parties promising jobs in the Transport Department and thereafter cheated them. On the basis of the said offences, a case is now registered by the Enforcement Directorate under Sec 4 of the PMLA, 2002 and he was arrested at about 1.30 AM on 14.06.2023.

1.4) The petitioner complains that Notice under Sec 41-A CrPC was not issued to him and the grounds of arrest was not informed to him at the time of arrest and he was not permitted to avail the right to consent a legal counsel in violation of Article 22 (1) of the Constitution of India necessitating this Petition.

1.5) The petitioner alleges that the Officers descended into his official house of the detenu without notice at about 7.30 AM on 13.06.2023 and started interrogating him for about 16 hours without proper food and water, manhandled and during the proceeding he fell sick, suffered severe chest pain and breathing trouble and he was admitted to the Tamil Nadu Government Multi Super speciality hospital in the ICU and treated as inpatient.

1.6) The petitioner submits that after the arrest, for taking the medical fitness certificate at the hospital at 2.10 AM for the purpose of remand, the doctors upon examining him found him to have Tachycardia with Acceleration.

1.7) The petitioner alleges that the detenu was illegally detained in his house and not allowed to meet any of his relatives, friends and advocates. It is alleged that despite giving full cooperation for the enquiries conducted by the officers, they had detained him without observing the due process of law.

1.8) The petitioner alleges that the detenu was arrested at about 1.30AM on 14.06.2023 and she got to know of it only when the electronic media flashed the news that he was arrested.

1.9) The petitioner submits that under section 4 of the PMLA, 2002, the maximum punishment is seven years and therefore the provisions of Sec 41 A of Cr.P.C. is attracted.

1.10) The petitioner submits that since the grounds of arrest was not informed to the detenu, the factum of arrest was not informed to his relatives, no notice under Sec 41 A of CrPC was issued to the detenu prior to his arrest, search person did not sign the sign the statement before taking the detenu into custody and no signature obtained in the arrest form, the arrest and detention is illegal and unconstitutional.

1.11) The petitioner submits that Sec 60 A of the Cr.P.C mandates that no arrests shall be made except as provided under this code.

1.12) The petitioner submits that the actions of the respondents is politically motivated. It submits that the respondents which is one of the agency of the Union Government is used to defame and demoralise the detenu who is a successful minister in the Government of Tamil Nadu. She submits that the present actio