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2022 (2) TMI 63 - HC - Money LaunderingMoney Laundering - complete prohibition against the transposition of the accused from judicial to police custody or not - extension of remand for further 7 days - Section 167 of the Cr.P.C. - HELD THAT:- On applying the doctrine of relating back, for ably facilitating this Court, to test the validity of the impugned order, the running of the spell of 15 days from 11.11.2021, cannot be taken to become halted or paused, only by the making of the impugned order, rather when through a valid interference being made, qua it, by this Court, the broken spell of E.D custody becomes reanimated, and, lasts upto the spell of 15 days, to be reckoned since the date of initial production of the accused before the remanding Court concerned, becoming completed. In consequence, the arguments addressed before this Court, by the learned counsel for the petitioner, are accepted, and, the arguments, addressed before this Court, by the learned counsel for the respondent-accused, are rejected. A reading of the impugned order, unfolds that even prior to the accused being arrested, he had been repeatedly summoned on 11 occasions, by the Enforcement Directorate, and, it also reveals that during the afore period of time, 88 hours were spent by the officials of the Enforcement Directorate with the respondent-accused. Moreover, a reading of the impugned order also details, that the accused-respondent, had argued before the Court concerned, while making opposition to the demand of the Public Prosecutor, for his being put to E.D. custody, that in the previous 08 days, only 38 questions were put to him, and, that only 1½ hours, per day, became utilized by the officials of the Enforcement Directorate, to interrogate him. The afore echoings borne in the impugned order, coupled with the factum that the learned Court concerned, has also traversed through all the relevant records appertaining to the bank accounts, and, statements of all concerned, rather naturally and tenably led the/remanding Court, to make a valid conclusion, that the claim for police remand, as made by the Special Public Prosecutor concerned, was unmeritworthy. Petition dismissed.
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