ENFORCEMENT DIRECTORATE Vs. XXXXX

JUDGEMENT

(1.) The present application has been preferred challenging the order dtd. 7/10/2022 passed by the learned Vacation Judge, Paschim Bradhaman in respect of ECIR- KLZO/41/2020 thereby rejecting the prayer of the petitioner/ Enforcement Directorate in respect of issuance of production warrant and grant of transit remand to the accused Sehegal Hossain.

(2.) Mr. Phiroze Edulji, learned advocate appearing for the Enforcement Directorate draws attention of the Court to the application which was preferred under Sec. 267 read with Sec. 167 of the Code of Criminal Procedure, 1973 read with Sec. 65 of the Prevention of Money Laundering Act, 2002 for seeking production warrant cum transit remand of the accused named above. In the said application two prayers were advanced, firstly, issuance of production warrant of the accused Sehegal Hossain, secondly, grant of transit remand of the accused to be produced before the Learned Special Judge (PC Act) (CBI)-18, Rouse Avenue District Courts, New Delhi.

(3.) The application contained amongst others the merit of the cases particularly with the reference to the complaint and the supplementary complaint which was filed before the designated Learned Special Judge (PC Act) (CBI)-18, Rouse Avenue District Courts, New Delhi wherein option was kept open for further investigation of the case. Details of the fact which surfaced in course of the earlier investigation was narrated in the application so filed and it was contended that a prayer was advanced before the CBI Special Court, Asansol on 28/9/2022 for interrogating the accused Sehegal Hossain in jail which was granted by the learned Special Court Asansol and pursuant to which statement was recorded under Sec. 50 (2) and Sec. 50 (3) of the PMLA ACT, 2002. The investigating agency/petitioner claimed that having regard to the materials which surfaced on interrogation of the accused, his custody was required for further interrogation and for production before the designated Court at Delhi.