LAWS(DLH)-2001-4-94

OLGA KOZIREVA Vs. STATE CENTRAL BUREAU OF INVESTIGATION

Decided On April 23, 2001
OLGA KOZIREVA Appellant
V/S
STATE (CENTRAL BUREAU OF INVESTIGATION) Respondents

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only challenges an order dated 11/4/2001 passed by Special Judge, Delhi remanding the petitioner to police custody in case RC No.5/2001 under Section 120-B read with section 420 Indian Penal Code and Section 13 of the Prevention of Corruption Act, 1988.

(2.) I have heard learned counsel for the petitioner and learned counsel for the State,

(3.) The facts relevant' for disposal of this petition, briefly stated, are that the petitioner an Uzbek national was arrested by the Customs officers on 28/8/2000 at Indira Gandhi International Airport, New Delhi while smuggling 27 bags of Chinese silk worth 1.56 crores. In the course of disposal of her bail application, learned Additional Sessions Judge observed that there appeared to be some nexus between the petitioner and customs officials and as such, the matter required an enquiry through CBI. In pursuance of these observations and the orders passed by the High Court on 13/2/2001, the above referred case was registered by CBI on 30/3/2001 and the investigations were taken up. In the meanwhile, the petitioner was detained under Cofeposa Act also under orders of the appropriate Government. Upon an application of the respondent CBI, learned Special Judge issued production warrants in pursuance of which the petitioner was produced in Court on 10/4/2001. She was formally arrested by CBI and an application for police remand was moved by CBI which was adjourned to the next date on account, of non-availability of counsel for the petitioner On 11/4/2001 vide impugned order, the petitioner was remanded to police custody upto 23/4/2001.