MALAV AJITBHAI MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Application has been preferred by the Petitioner / Original Accused under Article 226 and 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, challenging the order dtd. 4/5/2023 passed by the learned Special Judge - CBI, Court No.3, City Civil & Sessions Court, Ahmedabad below Application Seeking remand / Police Custody in respect of RC-0292022A0011 GNR, whereby the Petitioner is ordered to be subjected to Police Remand for a period of two days.

(2.) Heard learned Senior Advocate Shri B.B.Naik appearing with learned Advocate Mr. Bhadrish S. Raju and learned Advocate Mr. Tatsat A. Bhatt for the Petitioner.

(3.) The Petition is opposed by the learned Additional Additional Solicitor General Shri Devang Vyas inter alia contending that the Petitioner has remained present before the IA. As and when asked to do so, he has not cooperated with the investigation in the present case. He submitted that during the course of investigation, the IA has collected certain material which indicates clear nexus between the present Petitioner of the offence in question and the Petitioner is required to be confronted with the said material for taking the investigation of the offence to its logical conclusion. He submitted that the IA is not desirous of obtaining any confessional statement from the present Petitioner nor would it be of any help to the IA. He submitted that the lower court has taken all the aspects into consideration and has passed the appropriate order, which requires no interference at the hands of this Court in the present Petition. He therefore submitted to dismiss the present Petition.