TMI Blog2022 (7) TMI 1412X X X X Extracts X X X X X X X X Extracts X X X X ..... der allowing the learned Advocate for the opposite party to remain present during investigation was prayed for stating, inter alia, that during raid, the E.D. did not allow the Advocate of the opposite party to be present which allegedly violated constitutional safeguard of the accused. However, on perusal of the case diary, it is found that the learned Advocate was present during raid conducted by the E.D. in the house of the accused and he talked to the accused. Therefore, the allegation against the E.D. that the Advocate of the accused was not allowed to be present at the time of raid is palpably a false statement - the impugned order allowing the learned Advocate for the accused to be present during interrogation of the accused is set aside. Legality and validity of the order passed by the learned Magistrate directing the Investigating Officer to take the accused to S.S.K.M. Super speciality Hospital for his medical treatment - HELD THAT:- As per the direction of the Hon'ble Supreme Court in D.K. Basu [ 1996 (12) TMI 350 - SUPREME COURT] the Investigating Agency is under obligation to get the accused examine medically. The Investigating Officer is also under obligatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to his counterpart in Calcutta who, in turn, shall produce it before the learned Special Judge under PML Act. (vii) The learned Special Judge, shall take up the hearing of the case No. ECIR/KLZO-II/19/2022 dated 24th June, 2022 at 4:00 p.m. on 25th July, 2022. (viii) The Investigating Officer shall make necessary arrangement for the production of the accused through the medium of electronic video linkage under amending provision of Clause (b) of sub-section (2) of Section 167 of the Code of Criminal Procedure (West Bengal Act 20 of 2004, Section 3). Revision disposed off. - CRR 2665 of 2022 - - - Dated:- 24-7-2022 - Bibek Chaudhuri, J. For the Appellant : Suvyaprakash V. Raju, Ld. ASG, Phiroze Edulji, Anamika Pandey, Amrita Pandey, Ghanshyam Pandey and Sneha Singh, Advocates. For the Respondents : Debashish Roy, Ayan Bhattacharjee, Soumen Mohanty, Ayan Poddar, Piyush Kumar Ray and Agnish Basu, Advocates. JUDGMENT BIBEK CHAUDHURI, J. 1. The Assistant Director, Enforcement Directorate, Kolkata Zonal Office has filed the instant criminal revision challenging legality, validity and propriety of two orders dated 23rd July, 2022 passed by the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Magistrate passed following two orders:- Later: The learned Advocate for the accused persons files a petition u/s. 41(D) Cr.P.C. praying for allowing an Advocate to accompany the accused person during investigation. Heard. Considered. The prayer is allowed for ends of justice. L. Advocate Anindya Kishor Routh is allowed to accompany the accused during the investigation. Later:-The Ld Advocate for the accused person files a petition stating that he is feeling extremely unwell and needs immediate medical attention. Considering the age of the accused person and from various documents filed, the accused is suffering from various diseases, the prayer of the accused person is allowed. The I.O. is directed to take the accused person to S.S.K.M. Superspeciality Hospital at once for his check up and treatment, if necessary. Medical Superintendent, S.S.K.M. Hospital is directed to submit report before the Special Court on 25.07.2022. 6. Mr. Raju, learned Additional Solicitor General, has vehemently criticized the aforesaid two orders passed by the learned Magistrate. In order to substantiate his contention, it is submitted by Mr. Raju that the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y used as a safe shelter of the accused persons having strong political connections as well as the leaders of the ruling political party. The opposite party is senior most Cabinet Minister of the State of West Bengal. The Investigating Agency reasonably apprehends that the accused will exert his political and administrative position and prevail over the Doctors to submit a false medical report as to his health condition and safely stay in the said hospital during the period of first 15 days within which he may be remanded to the custody of the Investigating Agency. 10. Mr. Raju also submits that after his arrest, the accused was medically examined in compliance of the directions of the Hon'ble Supreme Court in the case of D.K. Basu Vs. State of West Bengal, (1997)1 SCC 416. He was medically examined by the Doctor at E.S.I.-PGIMSR E.S.I.C. Hospital ODC (EZ), Joka, Kolkata and on examination the Medical Officer found him fit. Only after his prayer for bail is refused and he was remanded to E.D., he filed the above-mentioned applications only for the purpose of avoiding further investigation and interrogation by the E.D. 11. The learned A.S.G. submits that the subsequent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stody for interrogation. 15. Therefore, it is submitted on behalf of the accused that the entire matter ought to be placed before the learned Special Judge under PML Act to decide the issue without being influenced in any manner by any order that may be passed by this Court. 16. Having heard the learned Counsel for the parties and on perusal of the entire materials on record as well as the decisions referred to by the learned A.S.G., this Court is of the view that the order passed by the learned Magistrate allowing an Advocate on behalf of the accused to remain present during his interrogation suffers from patent illegality and liable to be set aside. On this score, this Court profitably records the view of a Co-ordinate Bench of the High Court of Delhi in the case of Directorate of Enforcement Vs. Satyendar Kumar Jain (CRL.M.C.2869/2022 and CRL.M.A.11846/2022, decided on 3rd June, 2022):- 14. Thus in view of the above since there is neither any FIR nor a complaint against the respondent thus he cannot as a matter of right claim to have the presence of his lawyers during the course of recording of his statement per Ramesh Chander Metra (supra) and Anant Brahmchari (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the order passed by the learned Magistrate directing the Investigating Officer to take the accused to S.S.K.M. Super speciality Hospital for his medical treatment. As per the direction of the Hon'ble Supreme Court in D.K. Basu (supra) the Investigating Agency is under obligation to get the accused examine medically. The Investigating Officer is also under obligation to get an accused medically treated after every 48 hours during the period of remand under police custody. It is on record that the accused was declared fit by a hospital run by the Central Government after he being medically examined after arrest. From the first order passed by the learned Magistrate rejecting the prayer of the accused for bail and remanding him to the custody of E.D., this Court does not find any submission made on behalf of the accused regarding his physical illness immediately after arrest, the accused became so ill that he was admitted to S.S.K.M. Super speciality Hospital. 20. It is needless to say that the Doctors start medical treatment of the patient after taking HIPPOCRATIC OATH. Therefore, incredibility of medical practitioners and doctors should not be assumed. However, our exper ..... X X X X Extracts X X X X X X X X Extracts X X X X
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