Sanjay Surekha Vs Directorate of Enforcement (Calcutta High Court)
Calcutta High Court held that the bail application of the petitioner involved in economic offence of more than Rs. 6200 crores rejected since there are 444 cases pending against the petitioner and also there are chances of tampering with evidence and influencing witnesses.
Facts- Search and seizure were conducted at the residence of the petitioner on December 17, 2024 and the petitioner was arrested at about 1:40 A.M. on December 18, 2024. It is mainly contested that the petitioner is incarcerated for considerable period of time and there is no chance of immediate completion of trial. His further detention shall amount to punitive detention which is not enjoined in law. He has deep roots in society and is not at flight risk. The petitioner seeks bail.
Conclusion- Held that the petitioner is in custody since December 18, 2024. Constitutional Courts have frowned upon long detention of the accused in custody due to delay in investigation/trial. The accused has been favoured with the constitutional mandate of liberty in the event of unreasonable delay. However, investigation pertaining to economic offences involving deep rooted conspiracies and affecting economy of the country, as in the present case, has to be dealt with seriously and the burden of proof that the money involved is not tainted or is part of the proceeds of crime shifts on the accused under Section 24 of the PMLA. Though complaint and supplementary complaint has been submitted, further investigation of the case is in progress. There does not appear to be unreasonable delay in investigation, given the fact that investigation of economic offences as the present one is time-consuming. As submitted by the E.D., as many as 444 cases are found to have been pending against the petitioner. In the event the petitioner is released on bail at this stage, chances of his tampering with evidence and influencing witnesses which may adversely impact the investigation cannot be ruled out.
