HARI SANKARAN Vs. SERIOUS FRAUD INVESTIGATION OFFICE

JUDGEMENT

(1.) By this application preferred under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C '), the applicant seeks quashing and setting aside of the remand orders passed by the learned Special Judge, Greater Bombay, after filing of the impugned complaint, on the premise that the Special Court had not taken cognizance of the complaint filed by the Serious Fraud Investigation Office ('the SFIO') and hence the detention/custody of the applicant was illegal. The applicant also seeks his release forthwith from the alleged illegal detention/custody on the aforesaid premise.

(2.) A few facts as are relevant to decide the aforesaid application are as under:-

(3.) Mr. Ponda, learned senior counsel for the applicant submitted that the power under Sec. 167(2) of the Cr.P.C to remand the accused, is only upto 60 days (as applicable to this case) and not beyond. He submitted that once the complaint (or charge-sheet, as applicable to this case) is filed, the power to remand under Sec. 167(2) comes to an end. He submitted that the applicant was first remanded to custody on 1/4/2019 and the complaint was filed by the respondent-SFIO on 30/5/2019 and therefore, the power to remand the applicant under Sec. 167(2) of the Cr.P.C had come to an end. According to the learned senior counsel, remand under Sec. 309 of the Cr.P.C is possible only after the Court takes cognizance of the complaint and since admittedly, cognizance has not been taken by the Special Court, there is no power to remand the applicant to custody even under Sec. 309 of the Cr.P.C. Learned senior counsel submitted that having regard to the aforesaid, the detention and custody of the applicant is illegal and his remand being contrary to law, he be released forthwith.