Case Law Details
Directorate of Enforcement Vs Dev Inder Bhalla (Delhi High Court)
Delhi High Court held that the department after issuance of summons couldn’t arrest the respondent/accused unless warrants were issued by the Special Court on requisite grounds. The exercise of power of arrest by the department was totally unjustifiable. Accordingly, bail granted.
Facts- The petitioner/Directorate of Enforcement initiated proceedings against 11 accused persons including the present respondent. It is the case of the department that during course of investigation in the aforesaid ECIR, summons were issued to the respondent u/s. 50(2) and 50(3) of the PMLA on various dates to join the investigation, however, he did not appear. To secure his presence, on an application moved by the department, open ended bailable warrants were issued by Mr. Naresh Kumar Malhotra, Special Judge, New Delhi vide order dated 12.01.2018. It is the case of the petitioner that on completion of investigation, a complaint was filed against 11 persons including the present respondent u/s. 44 for the PMLA for commission of offences u/s. 3/70 punishable u/s. 4 of the said act.
Upon filing of the said complaint, summons were issued to the 11 persons including the present respondent vide order dated 19.03.2021 passed by the learned Special Judge (PC Act): CBI-15, Rouse Avenue District Court, New Delhi.
The present respondent arrived in India at Netaji Subhash Place Airport, West Bengal on the night of 13.02.2023 at 23:15 hours. In view of the open ended non-bailable warrants, a look-out circular was in operation and the respondent was detained at the said airport. Subsequently, said non-bailable warrants were executed by the department on 14.02.2023 at 2100 hours. The respondent was produced before the learned Special Court on 15.02.2023 and was sent to judicial custody. On the same day, an application was moved by the department seeking police custody of the respondent. Vide impugned order dated 16.02.2023, the learned Special Judge dismissed the said application and released the respondent on interim bail.
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