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TMI Blog1990 (12) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... leged that the Department had carried out investigations in respect of the office premises of M/s. Patel Madhavlal Maganlal Co. (Angadia) and that a large amount of Indian currency and thirteen gold strips had been found. Subsequent to this, further investigations were carried out in the course of which statements of certain persons were recorded and certain other Accused came to be placed under arrest. In the course of the further investigations, it is alleged that the premises of the present Applicant were searched on 1-12-1990. It appears that the Applicant is alleged to have made certain statements to the officers, that they placed him under arrest and that he was produced in the Court on 4-12-1990. The Applicant states that he has im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ying for cancellation of the bail order. The record indicates that the Accused had availed of the bail order one or two days after the Trial Court directed his release and that he continued to be on bail when the application for cancellation of his bail was taken up for hearing before the Court of Sessions. By his reply dated 18-12-1990, the Applicant denied the allegations made against him and contended that there was no warrant for the cancellation of the bail order. The learned Additional Sessions Judge for Greater Bombay passed an order dated 19-12-1990 cancelling the bail granted to the Applicant and directing him to surrender to his bail bond on or before 21-12-1990. The Applicant has filed the present application challenging the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the Department, submitted that the learned Additional Chief Metropolitan Magistrate released the Accused on bail on the very first date of remand and that by doing so, serious damage has been caused to the investigations. According to Mr. Gupte, the Applicant is the brain behind a multi-crore racket relating to illegal hawala transactions and to the disposal of abnormally large sums of money which are the proceeds from smuggling operations. Mr. Gupte contended that unless the Accused was retained in custody for some time and unless the officers are made available an opportunity of interrogating him that the investigations would suffer irreparably, and in the process the case itself would be damaged. To a question from me as to why the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tropolitan Magistrate was correct on the special facts and circumstances of this case. 9. The record indicates that the Applicant had been interrogated by the officers for a considerable period of time and that a detailed statement has been recorded by them. What is crucial is the fact that the arrest of this Accused was made long after the investigations had been commenced in respect of several other persons and after the officers had collected all the material and evidence which they required. This arrest was, therefore, a sequel to that investigation and came as a result of it. It look place at a point of time when the Department had already gathered the evidence which it required. Also, by that stage, the partners of the Angadia firm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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