LAWS(GJH)-2023-8-715

RAKESH MANEKCHAND KOTHARI Vs. UNION OF INDIA

Decided On August 09, 2023
Rakesh Manekchand Kothari Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner praying for following reliefs:-

(2.) When the matter came up for hearing before this Court on 14/7/2015, a statement was made on behalf of the petitioner that after the amendment of the year 2005 in the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "the Act"), the offence for which the petitioner has been involved is non-cognizable and petitioner has been taken into custody in violation of provisions contained in "the Act" as well as mandatory provision of Sec. 155 read with Sec. 4(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), an investigation has started without the orders of the Magistrate and petitioner was arrested without warrants. Considering the said statement, as coming out from the order, notice of Rule came to be issued.

(3.) We have heard Mr. Vikram Chaudhary, Senior Advocate, learned Counsel, assisted by Mr. Chetan K. Pandya, learned advocate for the petitioner, Mr. Devang Vyas, Senior Advocate, learned Additional Solicitor General of India with Mr. Siddharth Dave, learned advocate, with Mr. Kshitij Amin, learned advocate for respondent No. 1 as also Ms. Chetna M. Shah, learned APP for respondent No.3 - State.