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TMI Blog2021 (4) TMI 288X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation carried out by the Investigating Agency containing statements of the respondent Nos.2 and 3/accused allegedly recorded under Section 50 of the said Act. Even if the respondent Nos.2 and 3 are remanded to judicial custody, the Investigating Agency can confront them with the aforesaid documents in jail, after taking necessary permission from the Trial Court, as per the provisions of law. And only for that purpose their custody for interrogation is not necessary - Otherwise also the investigation of the present crime pertains to documents/digital files on electronic devices, which are already seized by the Investigating Agency. The Trial Court after taking into consideration various attending circumstances has rejected the request ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce i.e. F.I.R. No. 109 of 2020 filed at City Chowk Police Station, Aurangabad, State of Maharashtra, under Section 420 of the Indian Penal Code, the applicant registered ECIR bearing No. ECIR/MBZO-II/20/2020 dated 16th December 2020 and started investigation into it, as contemplated under the provisions of Prevention of Money Laundering Act, 2002 (for short, the said Act ). During the course of investigation of the said crime, the applicant issued summons under Section 50 of the said Act to the respondent Nos.2 and 3 to appear before it initially on 26th January 2021. It is the prosecution case that, it recorded statements of respondent Nos.2 and 3 under Section 50 of the said Act on 26th January 2021 and 27th January 2021. The Officers o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as has been narrated in sub para No.(iv) of para No.10 of the said application. It is stated that, various digital devices and/or gadgets which have been seized by the Investigating Agency during search operations carried out on 25th January to 27th January 2021. The data therein consists of millions of digital files and the contents thereof are to be confronted with the respondent Nos.2 and 3 and therefore, their further custody was crucial for understanding the contents of those digital devices. The Trial Court by its impugned Order dated 2nd February 2021 has rejected the request of the applicant for further custodial interrogation of respondent Nos.2 and 3 and has directed that, the respondent Nos.2 and 3 be remanded to judicial cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 50 of the said Act and were called upon to attend the Investigating Agency on 26th January 2021. They were again called on 27th January 2021 by the applicant. As noted earlier on 27th January 2021 at about 6:00 pm they were informed about their arrest by issuing an Arrest Order of the even date. The respondent Nos.2 and 3 were thereafter produced before the Special Court on 28th January 2021 by filing the aforestated Remand Application No. 117 of 2021. Till 2nd February 2021, the respondent Nos.2 and 3 have undergone 5 days of custodial interrogation. The aforestated electronic devices and/or gadgets mentioned by the applicant in its Remand Report dated 2nd February 2021 , even as per prosecution case itself, were seized prio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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