LAWS(DLH)-2023-9-95

RAM KISHOR ARORA Vs. DIRECTOR, DIRECTORATE OF ENFORCEMENT

Decided On September 22, 2023
Ram Kishor Arora Appellant
V/S
DIRECTOR, DIRECTORATE OF ENFORCEMENT Respondents

JUDGEMENT

(1.) The present petition has been filed under article 226/227 of the Constitution of India r/w Sec. 482 Cr.P.C. for an appropriate writ, order or direction declaring the arrest of the petitioner as illegal and violative of his fundamental rights guaranteed to him under art. 14, 20 and21 of the constitution of India and consequently forthwith directing release of the petitioner.

(2.) In the writ petition it has been submitted that the Petitioner was arbitrarily and illegally arrested on 27/6/2023 by Respondent No.2 and was not informed/served the grounds of his arrest. On 28/6/2023 when the petitioner was produced before the learned Special Judge an application was moved seeking copy of ground of arrest which was opposed by the ED and the learned Special Judge directed the ED to file the reply in this regard that the ground of arrest had not been supplied/served upon the petitioner.

(3.) On 10/7/2023, reply to the application seeking grounds of arrest was filed by the Enforcement Directorate wherein it was claimed that the grounds of arrest were informed to the Petitioner and he was made to read and sign the same. However, the ED refused to supply/serve copy of the same to the Petitioner. The petitioner has stated that a bail application was moved on 13/7/2023 which was rejected on 22/7/2023 by the learned Special Judge and the petitioner was remanded to judicial custody thereafter.