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2017 (12) TMI 289 - HC - Money LaunderingPrevention of Money Laundering - judicial custody - writ of habeas corpus - Held that:- The reason for the petitioner not pressing his bail application before the learned Special Judge was that on 13.09.2017, in the present proceedings the petitioner had made a statement through counsel that he shall not press his application for regular bail before the Competent Court till the next date of hearing, which got extended from 09.10.2017 to 16.10.2017; and from 16.10.2017 to 17.10.2017 and; from 17.10.2017 to 23.10.2017. On 23.10.2017, the complaint under Section 45 of the PMLA was filed by the Director of ED, whereon cognizance was taken by the learned Special Judge against the accused persons, including the petitioner herein, who was arrayed as accused No.1. The learned Special Judge observed that accused No.1 was already remanded to judicial custody till 25.10.2017 and that he be produced before the Court on 25.10.2017, the date already fixed. On 25.10.2017, the petitioner/ accused No.1 was produced from custody. He was directed to be produced from custody on the next date, which was fixed as 07.11.2017. Thus, the petitioner continues to be in judicial custody and there appears to be no illegality whatsoever in his continuing judicial custody. The petitioner has statutory remedy of seeking regular bail from the Competent Court under Section 45 of the PMLA. Thus, there was no question of this Court being called to issue a writ of Habeas Corpus for release of the petitioner when he is continuing in judicial custody. Not only his present judicial custody appears to be legal, but his initial arrest on 25.08.2017, and his subsequent remand to ED custody on successive occasions, and his eventual judicial remand also appears to be a result of application of judicial mind. The same cannot be described as mechanical. Thus, we agree with Mr. Mahajan that, firstly, there was no illegality in the initial arrest of the petitioner. There was sufficient compliance of Article 22(1) of the Constitution of India, as the petitioner stood informed of the grounds of his arrest when he was permitted to read the same. He was also informed of the same vide the remand application under Section 167 Cr PC read with Section 65 of the PMLA moved on 26.08.2017. We also agree with the submission of Mr. Mahajan that a writ of habeas corpus does not lie in the facts of the present case, since the petitioner was placed initially in ED custody remand, and thereafter in judicial custody by orders passed by a competent court with due application of mind. W.P. dismissed.
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