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2024 Supreme(Bom) 577

REVATIMOHITE DERE, MANJUSHA DESHPANDE
Ram Kotumal Issrani – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates appeared:
Mr. Vijay Aggarwal a/w Mr. Ayush Jindal, Mr. Yash Wardhan Tiwari, Mr. Yash Agrawal, Mr. Suyash Shanker and Mr. Karan Lala for the Applicant, Mr. H. S. Venegavkar, P P a/w Mr. Ayush Kedia for the Respondent No.1-ED, Mr. R. M. Pethe, A.PP for the Respondent No. 2-State

JUDGMENT

Revati Mohite Dere, J. - By this petition preferred under Article 226 of the Constitution of India, the petitioner seeks the following substantive relief :

    'i. Pass necessary orders and directions thereby declaring the arrest to be illegal and quashing the order granting remand, dated 08.08.2023 passed by the Ld. Special PMLA Court Mumbai, Maharashtra in the matter titled "Assistant Director, Directorate of Enforcement vs Shri Ram Kotumal Issrani" in PMLA RA No. 995/2023, and all other consequential proceedings arising therefrom and thereby declaring the arrest and remand of the Petitioner as illegal and thereby releasing the Petitioner forthwith as the same is passed in violation of Constitutional mandate as enshrined in Article 22(2) of the Constitution of India and Section 19 of PMLA. '

2. Mr. Aggarwal, learned counsel for the petitioner submitted that the petitioner's arrest and consequential remand was illegal and as such, the petitioner be released forthwith. According to Mr. Aggarwal, the petitioner not having been produced before the learned Special Court within 24 hours of his arrest as mandated in law, makes the petitioner's arrest illegal.

3. Mr. Aggarwal relied on

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