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TMI Blog2017 (7) TMI 1453X X X X Extracts X X X X X X X X Extracts X X X X ..... e count that they are, illegal, unconstitutional & violate the fundamental right of petitioner as guaranteed under Article 14 and 21 of the Constitution of India. 2. Brief facts of the case are that officers of respondent No. 2 Directorate of Enforcement, New Delhi, registered crime ECIR No. 7/2013 under Section 3 and 4 of Money Laundering Act (for short hereinafter referred to as "PMLA"), at Indore Sub Zonal Office. On the basis of allegation against the petitioner/accused that he was the Founder of Zoom Developers Co. Ltd. and with an active assistance and involvement of his wife Smt. Manjiri Choudhary and Sharad Kabra knowingly and willfully duped approximately Rs. 2650 crores of 25 banks and has acquired huge amount illegally out of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the report of commission of cognizable offence after registration of FIR must be sent to the concerned Court. A case diary is mandatory to be maintained. But the respondents did not comply with the provisions. Respondents also not complied with the directions given by the Hon'ble Supreme Court in the case of D.K. Basu Vs. State of Bengal, (1997) 1 SCC 416 and also infringed the provisions of Article 21 and 22 of the Constitution of India. Due to aforesaid reasons judicial custody of petitioner in case ECIR/INSZO/7/2013 in the Court of PMLA, Indore is illegal. So the petitioner be released forthwith. 4. The respondents in its reply opposed the prayer and submitted that on basis of information received from CBI of registration of FIR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by competent Court by an order which prima facie does not appear to be without jurisdiction or passed in an absolutely mechanical manner or wholly illegal. The Court is required to scrutinize the legality or otherwise of order of detention which has been passed. Unless the writ Court is satisfied that a person has been committed to jail custody by virtue of an order that suffers from vice of lack of jurisdiction or absolute illegality, writ of habeas corpus cannot be granted. While in this case it clearly appears from the impugned order of Special Judge that learned judge after hearing both the parties and after compliance of provisions of law passed a reasoned order for remand. Once it is established that at the stage of remand of the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "In our considered opinion, however, the reliance placed by learned Senior Counsel for the Petitioner, on the provisions contained in Section 154 to 173 in Chapter XII of the Code, is also misplaced. These provisions in the code are clearly made to be applicable to the Police Officers, when they receive any information relating to cognizable and non-cognizable offences. The very title of Chapter XII of the Code states that "Police and Their Powers to Investigate", thereby meaning that this Chapter concerns to the restrictions on the powers of Police in respect of the information received by them about commission of cognizable or non-cognizable offence and, depending thereon, arrest of the concerned accused. The provisions of this Chapt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horized by the Central Government under this Act for the collection of evidence. Thus, investigation under this Act does not given any role to the Police. It is to be conducted by the Authorities under the Act. Hence as far as investigation is concerned, there is no scope for importing the provisions of the code, which apply to the Police Officers. Section 19 of the PML Act exclusively and specifically deals with the "power to arrest" of the Authorized Officers for the offences punishable under the PML Act. Therefore, when there are specific provisions dealing with the investigation and power to arrest under the PML Act itself, the provisions of the code will not have any application. At the costs of repetition also, it has to be stated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s pertinent to note that Section 19 of PML Act, which does not contemplate the compliance with the procedure required to be followed by the Police Officer under Chapter XII of the Code, is not challenged in this Petition, as being ultra vires. In the absence of such challenge raised and in view of the clear provision laid down in Section 19 of PML Act, it cannot be accepted that the officer authorized under the PML Act should have followed the procedure laid down in Chapter XII of the Code, which is meant for Police Officers, to be followed in respect of the information's received by them. Section 19(1) of the PML Act, at the cost of repetition, it has to be stated that, does not contemplate lodging of complaint before effecting arres ..... X X X X Extracts X X X X X X X X Extracts X X X X
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