GAUTAM THAPAR Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This petition is filed with following prayers :

(2.) The petition challenges an order dtd. 5/8/2021 wherein an application moved by the petitioner herein to declare the arrest of the petitioner as illegal was dismissed without any reason. It is the submission of learned counsel for the petitioner the arrest memo of the petitioner shows he was arrested at 19.55 hours of 3/8/2021 but was put under restrain at 8.30 AM itself when his premises was raided. The search and seizure continued from 8.30 AM till 3.30 PM of 3/8/2021. Thereafter he was taken to office of Directorate of Enforcement for recording of his statement. It is argued per settled law the time when an offender is first put to restraint is the time of arrest and if this Court adheres to this argument then in that event the petitioner was not produced before the learned Special Judge, PMLA within 24 hours of his arrest, hence his arrest would be illegal.

(3.) The learned counsel for the petitioner has referred to Ashfak Hussain Allah Detha @ Siddiqui and another vs. The Assistant Collector of Customs (P) Bombay and another (1990) 1 BOM CR 451 wherein the Court held: