HARSHAD S MEHTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Mr. Harshad S. Mehta a broker of Bombay Stock Exchange was lodged in Byculla jail Bombay in August, 1992. C.B.I, at Delhi registered a case vide F.I.R. No.RC2(A)/92-ACU(V) dated 25th July, 1992, against him along with Mr. V. Krishnamurthy, M/s, KJ. Investments Private Ltd. and other unknown under Sections 11,12,13(2) and 13(l)(d) of Prevention of Corruption Act, 1988 (hereinafter called as 'P.C. Act') read with Section 120-B Indian Penal Code .

(2.) That since the petitioner during the relevant time was in Byculla jail Bombay, therefore, C.B.I, moved an application before Special Judge Delhi on 12th August, 1992 under Section 267 Criminal Procedure Code . for the production of the petitioner. The Special Judge, Delhi vide his order dated 12th August, 1992 directed the Supdt. Jail, Byculla Bombay to produce Mr. Harshad S. Mehta in the Court as his presence was required for interrogation in connection with the investigation of this case.

(3.) That the petitiner, in pursuanace to the said order was produced before the Special Judge, Delhi on 17th August, 1992. On being produced, petitioner was formally arrested in this case on 17th August, 1992 itself. Police remand was sought which was given till 20th August, 1992. Thereafter police remand was extended till 22nd August, 1992. However, vide order dated 22nd August, 1992, Mr. Kuldip Singh, Special Judge, Delhi did not grant police remand but remanded the petitioner to judicial custody till 25th August, 1992 at Central Jail, Tihar.