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2017 (9) TMI 852 - HC - Money LaunderingGrant of bail - offence under the Prevention of Money Laundering Act, 2002 - petitioner, without approaching the Special Court under the PMLAct, 2002 for grant of bail, has preferred the present petition seeking bail in on the ground that his remand in judicial custody is illegal and without any jurisdiction of the learned Special Court to remand the petitioner any further after the presentation of the prosecution under Section 44 of the PMLA Held that:- The petitioner had earlier been remanded to custody with specific endorsement. However, for the fault of the Court, the prosecution cannot be made to suffer. Otherwise also, such departures from the procedure would come within the category of irregularity and not an illegality. This Court has perused the order of remand, though recorded by the Reader which says that the case is adjourned for a particular date for the purpose already fixed. This can, for the purposes of this case, be read as “remand till that date”. This Court in the aforesaid circumstances feels it necessary to caution the learned Special Court to be careful while dealing with such matters which concern the liberty of an individual. Such remands, in the name/garb of further investigation, cannot be continued for perpetuity as it would militate against the spirit of the procedural laws enacted for the purposes of giving specific time lines for the investigation of a case and commencement of the trial. Any mechanical order of remand, then, cannot be countenanced. It is, however, again made clear that this Court has not gone into the merits of the case so far as the petitioner is concerned and, therefore, the petitioner would be at liberty to approach the Special Court, PMLA for grant of bail on individual merits of his case. This bail application has only been considered with regard to the legality of the remand of the accused in either E.D custody or judicial custody.
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