9911796707
TMI Blog2022 (7) TMI 1412X X X X Extracts X X X X X X X X Extracts X X X X ..... named accused. In gist the allegation against the opposite party is that he along with other FIR named accused persons were involved in gross corruption of financial irregularities by offering jobs of primary teachers to various persons in lieu of money. By such corrupt practice the accused persons illegally accumulated huge amount of money from unscrupulous job seekers. 3. During investigation, on the basis of the materials collected by the CBI, a prima facie case of money laundering was found. Therefore, E.D. started investigating into the case. During investigation, E.D. conducted raid simultaneously in the houses of 14 (fourteen) suspects. During raid, the E.D. could collect sufficient evidence in respect of involvement of the opposite party and one Ms. Arpita Mukherjee in support of their involvement in the process connected with the proceeds of illegally obtained money from the job seekers including its concealment, possession, acquisition or use and projecting or claiming it as untainted property. During raid, complicity of the opposite party and the said Ms. Arpita Mukherjee was prima facie established. Huge sum of money amounting to more than Rupees 21 Crores, gold ornam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interrogated by the Investigating Agency all throughout his investigation. Such order is bad in law. In support of his contention he refers to a decision of the Hon'ble Supreme Court in Union of India & Ors. Vs. Pratap Narain & Ors. (1992)3 SCC 268. 7. It is held by the Apex Court in the aforesaid report that the presence of lawyers at the time of interrogation cannot be insisted upon on the basis of Article 21 of the Constitution. The purpose of the enquiry under the Customs Act and the other similar statutes will be completely frustrated if the whims of the person in possession of useful information are allowed to prevail. For achieving the object of such enquiry, if the appropriate Authorities be of the view that such person should be dissociated from the atmosphere and the company of person who provide encouragement to them in adopting a non-cooperative attitude to the machineries of law, there cannot be any legitimate objection in depriving them of such company. 8. Referring to a decision of the Hon'ble Apex Court in the case of Central Bureau of Investigation, Special Investigation Cell-I, New Delhi Vs. Anupam J. Kulkarni (1992)3 SCC 141 that the learned Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve-mentioned two orders impugned are nullity because the said orders were passed without giving opportunity to the prosecution of hearing. 13. Mr. Debashish Roy, learned Advocate for the accused, on the other hand, submits that both the applications, upon which the learned Chief Metropolitan Magistrate (in charge) passed the impugned orders were served upon the learned Public Prosecutor on behalf of the E.D. He did not make any submission raising objection against the prayers made on behalf of the accused by filing the said two applications. Therefore, the objection raised by the learned A.S.G. regarding denial of the right of hearing to the prosecution before passing the impugned order is false and should not be considered by this Court. 14. Though Mr. Roy has not raised any legal issue challenging the scope of Section 41D of the Code of Criminal Procedure, he supports the impugned order passed by the learned Magistrate regarding medical treatment of the accused in S.S.K.M. Super speciality Hospital. It is submitted by him that from the medical report of the accused after his examination after arrest, it appears that the accused is a known patient of hypertension, T-2 D.M., bifa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have also dealt with Birender Pandey vs. UOI in W.P.(CRL.) No. 28/2012 and held the presence of the advocate was allowed in Birender Kumar Pandey (supra) during the recording the statement under Section 108 of the Act only because the petitioner therein was apprehensive that coercive attempts can be made to extort confession from them. Sandeep Jain (supra) rather went on to say if a litigant in a particular case is able to produce credible material to indicate the real and live apprehension of a possible threat, coercion being employed, while recording his statement, this Court can always permit at visible, but not an audible range during the course of recording of the statement but since there is no apprehension raised in the present matter, hence as a matter of right such direction ought not to have been given in the recording of statement. Thus, the impugned direction in para No. 26 of order dated 31.05.2022 stands stayed. Crl.M.A. No. 11846/2022 stands disposed of." 17. In the petition filed on behalf of the accused before the learned Magistrate, an order allowing the learned Advocate for the opposite party to remain present during investigation was prayed for stating, inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rogate the suspects having strong political background under the umbrella of ruling political party, they were discharged from S.S.K.M. Super speciality Hospital. They avoided even production before the Court on the strength of medical report issued by the said hospital authority. 21. Under such background and considering the fact that the accused is the senior most Cabinet Minister in the State of West Bengal having immense power and position, it would not be impossible for the accused with the aid of other political executives to take shelter under the garb of serious illness and medical treatment to evade interrogation. If this happens, the Lady Justice will be cursed by the tears of hundreds and thousands of deserving candidates whose future was sacrificed in lieu of money. 22. This Court has given anxious thought over the matter. This Court also considers that the learned Special Judge under PML Act shall consider the prayer of the prosecution for remand of the accused to the custody of the E.D. and the learned Special Judge will have to depend on the medical report of the accused at the time of consideration of such prayer. 23. In order to facilitate the learned Trial Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
