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TMI Blog2023 (6) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... not permit the respondent to face the custodial interrogation. The only observation is of the applicant suffering from blood pressure which is noted to be high. However that medical condition of the respondent could be taken care of by providing medicine to control his blood pressure and it may be possible that the respondent himself may be under such medication. However, if necessary, the respondent can always take the assistance of the medical doctor during the course of interrogation as it would be the duty of the applicant as provided under Section 55A of the Cr.P.C. to take reasonable care of the health and safety of the accused. In view of the provision of Section 55A of the Cr.P.C., the applicant would be under duty to take all reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... site www.betfair.com one Shri Girish Parsottam Patel @ Tommy Patel and his associate Shri Kiran Jayantilal Mala (Thakkar), premises, identified as a farm house in village Sikandarpur, Nr. Ajwa Chokdi, Vadodara was searched on 19.3.2015 under Section 37 of Foreign Exchange Management Act (FEMA), 1999 which resulted in recovery and seizure of incriminating documents, digital records, etc. 3. It is stated that during the investigation, it revealed that apart from Havala payment relating to cricket betting some materiel indicating offences committed in terms of IPC were also observed. The statement of the alleged persons were shared with the Commissioner of Police, Vadodara for further necessary investigation, and the investigation reveale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rch and thus the officers had to leave the place without completing the Panchnama. Thereafter, various summons were issued to him but he did not cooperate and thus, the Special Court, Ahmedabad was pleased to issue non-bailable warrant on 30.5.2015 against the respondent who thereafter approached this Court by filing Special Application no. 6719 of 2015 against the issuance of NBW, this Court was please to stay the NBW on the undertaking given by the respondent to appear before the ED and therefore, the respondent was directed to remain present before the Enforcement of Director on 7.8.2019 at 11:00 hrs. However, the accused respondent did not appear before the ED on the above-stated date and this fact was taken on record by this Court a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compliance of the order of the PMLA Court, the accused was produced before the Court on 7.4.2023 to seek custodial interrogation which was granted vide order dated 7.4.2023 and accordingly, the accused was taken to Directorate of Enforcement and examined under Section 50 of the PMLA, 2002 on 8.4.2023. The applicant states that during the course of the statement under Section 50 of the PMLA the accused was asked to provide details of his business activities source of income and his involvement in betting activities and his role in various other Criminal Cases. He was also asked about the source of cash deposit in the Bank account which is a gross receipt of Rs. 98,39,172/- as reflected in his income-tax returns of A.Y. 2013-14 but he evaded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for 10 days of the respondent which came to be rejected on very flimsy grounds that the respondent is suffering from blood pressure. Mr. Vyas submitted that the medical officer of VS hospital, Ahmedabad had issued the medical check up certificate and on perusal of the same, the learned Designated Judge came to the conclusion that the prima facie from the documents it appears that the blood pressure of the accused is very high. Mr. Vyas submitted that though he was advised medicine and further admission in the hospital, the accused refused and the learned Judge observed that it is a fundamental rights of the accused that during the interrogation the accused can keep silence and cannot compel the accused which ASG Mr. Vyas stated that such ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application for the purpose of interrogation of the accused during the judicial custody. 12. The grounds as observed for rejection of remand application is noting the medical condition of the accused on record, as was perused of the medical check up certificate issued by the Medical Officer of VS hospital, Ahmedabad and accordingly, it was observed that the blood pressure of the accused was very high. No other medical condition was noted to suggest any imminent danger to the life of the respondent. No such ailment or illness has been noted which would not permit the respondent to face the custodial interrogation. The only observation is of the applicant suffering from blood pressure which is noted to be high. However that medical conditi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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