ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT Vs. SUNIL GODHWANI

JUDGEMENT

(1.) The petitioner has filed both the petitions under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Article 227 of the Constitution of India for setting aside the impugned orders dated 23.11.2019 passed in ECIR/05/DLZO-II/2019 by Additional Sessions Judge-02, South-East, New Delhi (hereinafter referred to as the "Judge ").

(2.) Learned Standing Counsel appearing on behalf of the petitioner submitted that the Judge has not applied its mind while refusing the police custody for the purpose of custodial interrogation of the respondents and passed the order which is bereft of any sound reasoning.

(3.) It is the case of the petitioner that the offence started way-back in 2008 and the offence of money laundering is complicated in nature requiring investigation of various aspects and the money trail. During the course of the investigation/interrogation, some of the proceeds of crime are found to be linked and siphoned off to foreign companies. The money trail which is found during investigation is required to be confronted and further investigated.