HEMANT GOYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application, the petitioner has prayed for quashing the order dated 21.12.2015, passed by the learned Special Judge, Economic Offences, Jamshedpur on a remand application filed by the opposite party No. 2 as being illegal and against the provision of Sec. 41A of the Code of Criminal Procedure. Initially, a writ of habeas corpus was preferred by the petitioner under Article 226 of the Constitution of India and the same was converted into an application under Sec. 482 Cr.P.C. vide order dated 15.01.2016 and resultantly the said application has been put up before this Court for its disposal.

(2.) The facts, which are narrated in the application, are to the effect that the petitioner is one of the Directors of an Industrial Unit engaged in manufacture and sale of Iron & Steel Product under the name of M/s. Nursingh Ispat Ltd. On 26.09.2015, a search and seizure operation was carried out by the officers of the Directorate General of Central Excise Intelligence, Jamshedpur at the factory site at the office at Jamshedpur and at the registered office at Howrah, West Bengal, in which spot summon/memo to give statement in terms of Sec. 14 of the Central Excise Act, 1994 had been issued to the petitioner as well as the other officers of the Company. The petitioner was summoned on several occasions from 26.09.2015 till 20.12.2015 but according to the petitioner in spite of participating in the proceedings and rendering all co -operations, the petitioner was arrested by the opposite party No. 2 and pursuant to an application under Sec. 167 of the Code of Criminal Procedure made before the learned Special Judge, Economic Offences, Jamshedpur, the petitioner was taken into custody on 21.12.2015. The order dated 21.12.2015, passed by the learned Special Judge, Economic Offences, Jamshedpur is the subject matter of the present application.

(3.) Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr. Deepak Roshan, learned counsel for opposite parties.