NILESHBHAI SURESHBHAI NAIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. B.S. Patel, learned Senior Advocate for the applicants, under instructions, states that the applicants are ready and willing to co-operate with the investigation, and will appear before the investigating officer on 27/11/2025 with all the relevant documents.

(2.) Having considered the submissions and the documents produced on record, the Investigating Officer is directed to scrupulously follow the proposition of law as settled by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273, in case of Satender Kumar Antil Vs. Central Bureau of Investigation and Anr., reported in (2022) 10 SCC 51 and in case of Md. Asfak Alam Vs. State of Jharkhand and Anr., reported in 2023 SCC OnLine SC 892 and also inform about the grounds of arrest, if needed, to learned Magistrate and even the learned Magistrate before mechanically authorizing the detention of the applicants shall follow the dictum of the Hon'ble Supreme Court in the aforesaid decisions.

(3.) In case, the Investigating Officer needs to arrest the applicants, notice of 7 days shall be given to the applicants prior to such arrest.