T K DUTTA Vs. PAWAN KUMAR DIDWANI

JUDGEMENT

(1.) By this Application, filed on 15/06/1993, the Petitioner Shri T. K. Dutta, Enforcement officer, Enforcement Directorate, Foreign Exchange Regulation Act, Calcutta (hereinafter referred to as Petitioner) has prayed the Court for modifying/setting aside/cancelling the order of Bail granted by this Court on 10/05/1993 in favour of the opposite-Party No. 1-accused, Pawan Kumar Didwania (hereinafter referred to as accused), and for sending him (latter) to the jail custody in terms thereof for the reasons stated therein. It is extremely unfortunate that the application could not be disposed of so long.

(2.) It is contended by the Petitioner that the residential premises of the accused was searched by the officers of the Income-tax Department and also by the officers of the Enforcement Directorate, Calcutta, on 4/05/1993, and the accused was interrogated with reference to the documents seized decreeing the said search. On the statements made by him on 4th and 5/05/1993, he (accused) was arrested on 5/05/1993 under Section 35 of the Foreign Exchange Regulation Act, 1973, and was produced before the Chief Metroplitan Magistrate at Calcutta, who had remanded him to jail custody till 19/05/1993. A bail petition was moved before this Court oil his behalf on 7/05/1993, which was rejected by this Court. But in view of the allegations of torture inflicted on him and injury allegedly sustained by him, while in custody, he was directed by the Court to be kept in the jail custody under medical supervision by the order dated 7/05/1993 in terms thereof.

(3.) On 10/05/1993 another Bail Application was moved before this Court on behalf of the accused on the ground that he was suffering from Myo Cardiac Infraction with acute chest pain for which he had to be removed to the S.S.K.M. Hospital, Calcutta. And, upon consideration of the serious condition of his health, as made out by him, this Court by Order dated 10/05/1993 had allowed his Application for Bail in terms thereof. It is contended by the Petitioner that the accused had made false statement before the Court about the serious condition of his health, and had thus procured the Order of bail by practising fraud upon the Court. The Court was induced to release him on bail on the aforesaid false/frivolous ground as to his alleged illness made out by him before the Court. It is further contended that there is a reasonable apprehension that he would interfere with the investigation of the case, for which the bail granted to him is required to be cancelled. Hence the instant Application.