Case Law Details
Enforcement Directorate Vs Arijit Chakrabarti (Calcutta High Court)
Section 41D of the Code of Criminal Procedure was inserted in the statute by Amending Act 5 of 2009 with effect from 1st November, 2010. The purpose and object of introduction of Section 41D of the Cr. P. C. is to ensure fundamental right of a citizen enshrined in Article 21 of the Constitution of India. Such liberty of individuals cannot be curtailed likely. At the same time, it is the duty of the Court to strike a balance between the right of a citizen for being represented by an advocate during investigation and trial and the power of the investigating agency to carry on proper investigation to unearth the truth and collect evidence against the perpetrator of a crime punishable under any penal provision of the statute.
Therefore, Section 41D of the Code of Criminal Procedure protects an accused during interrogation entitling him to meet an advocate of his choice. It does not mean that the advocate of the choice will be permitted to be present in course of his entire interrogation.
Therefore, the relevant part of the impugned order is modified in the following manner:-
The Enforcement Directorate is entitled to interrogate the accused/opposite party during his detention with the Enforcement Directorate. Entire process of interrogation shall be videographed. The accused/opposite party shall be permitted to meet an advocate of his choice once for a day for half an hour during the course of his detention in the custody of the Enforcement Directorate.
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