RANA KAPOOR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has preferred this petition by invoking Article 227 of Constitution of India and Sec. 482 of Code of Criminal Procedure challenging the impugned order dtd. 14/8/2021 passed by Special Court (CBI) on Remand Application No.868 of 2021 and Exhibits 3 and 6 filed by petitioner seeking compliance of order dtd. 12/8/2021 passed by this Court in Writ Petition No.2846 of 2021 and granting police custody remand of petitioner. The petitioner also seeks declaration that CBI remand and custody and all subsequent proceedings including further custody of petitioner as illegal, non est and void ab initio in law.

(2.) The brief factual matrix relevant for adjudicating the issue in this petition is as follows :-

(3.) The petitioner was in judicial custody remand in Directorate of Enforcement 's ECIR No.MB20-1/39/2020. The respondent no.1-CBI preferred Miscellaneous Application No.931 of 2021 before PMLA Court and prayed that custody of petitioner may be transferred and respondent no.1 be allowed to arrest petitioner. As he is in the judicial custody under the orders of that Court, necessary directions be given to jail authorities to allow the respondent no.1-CBI to arrest petitioner and produce him before Special Judge for CBI cases. It was stated that CBI is investigating case RC.BA1/2020/A0004 and custodial interrogation of the petitioner, the accused in the case is required for the purpose of investigation, who is presently in judicial custody remand in ECIR No.MB20-1/39/2020.