Case Law Details
Amit Chakraborty Vs State (NCT of Delhi) (Delhi High Court)
Delhi High Court held that on account of lack of facts and material particulars, the relief as sought by the petitioner not granted. Concluded that if material facts are suppressed or distorted, the very functioning of writ courts and exercise would become impossible.
Facts- On 03.1 0.2023 during the wee hours of the morning i.e. from 6:30 AM onwards, officers of Special Cell, PS Lodhi Road carried out extensive raids at the residential and official premises of the Petitioner and the said Company in relation to the said FIR and admittedly seized various documents and digital devices belonging to the Petitioner and other employees of the said Company during its search and seizure proceedings. It is submitted that despite having searched the premises of the said Company and having sealed its office after seizure of all digital devices, no panchnama/seizure memo or backup of any of digital devices seized from the office of the Company was provided by the raiding party of Special Cell PS Lodhi Road at the conclusion of the search.
It is further pertinent to note that the Petitioner herein was unlawfully arrested and has been in the custody of the officers of Special Cell, PS Lodhi Road from the morning of 03.10.2023 i.e., 6:30 AM onwards.
Till the time of filing of the instant Petition, the Petitioner has not been provided any grounds of arrest, either orally or in writing. However, the Petitioner’s application for supply of copy of FIR has been allowed by the Ld. Special Judge vide order dated 10.2023, however, the Petitioner and his counsel are yet to receive the copy of the said FIR. It is pertinent to mention even this application of the Petitioner was opposed by the Respondent as is evident form the reply filed by the Respondent, even after three days of Petitioner’s arrest.
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