Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2022 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 309 - HC - Money LaunderingValidity of subsequent orders extending the remand - Money Laundering - illegal delivery of metal gold - whether the trial court was justified in remanding the Petitioner when he was already in custody in relation to another offence in ECIR/KLZO/-II/01/2021 in the Presidency Correctional Home, Kolkata? - HELD THAT:- Section 267 provides a procedure to deal with a person who is alleged to have committed various offences. Section 267 of the Cr.P.C. contemplates a procedure where the court can require the presence of a person who is detained or confined in any other offence in any other jurisdiction. The investigation officer/agency may file an application under Section 267 of the Cr.P.C. for issuance of a P.T. warrant directing the prison authorities where the accused lodged to be produced before the court in a case other than the one in which he is already in custody - Once the person is produced before the court pursuant to the issuance of the P.T. warrant, a question arises whether such a person can be again sent to judicial custody under Section 167 of the Cr.P.C. by the court before which he was produced. The Petitioner was already in judicial custody in Kolkata. Therefore, the Respondent authority could not have directly arrested the Petitioner. On 22.12.2021, the Respondent sent a copy of the petition under Section 267 of the Cr.P.C. r/w Section 50 of the PMLA to the Superintendent, Presidency Correctional Home, Kolkata to be served upon the Petitioner herein. In the said petition, the Respondent authority stated that the Petitioner has been arrested under Section 19 of the PMLA. The said petition was served upon the Petitioner on 23.12.2021and was duly acknowledged by him. The custody of the Petitioner could only be sought after he was produced pursuant to the P.T. warrant under Section 267 of the Cr.P.C. Once he was produced, the trial court considered the fact that he was formally arrested in prison and considering the application under Section 167 of the Cr.P.C. remanded him to judicial custody. According to this Court, there is no illegality in the impugned order dated 11.02.2022 remanding the Petitioner. The only question before this Court was whether the impugned order dated 11.02.2022 remanding the accused was illegal. According to this Court, the impugned order dated 11.02.2022 and the subsequent orders extending the remand are legal and valid. Therefore, the present criminal petition is liable to be dismissed - Criminal Petition dismissed.
|