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TMI Blog2023 (9) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... an FIR bearing No. RC/46/S/2014-KOL dated 05.06.2014 lodged by CBI, SPE ACB, Kolkata under Section 120- B/406/420/467/468/471/34 of IPC read with Sections 4,5 and 6 of Prize Chits and Money Circulation (Banning) Act, 1978. It has been alleged that the accused persons entered into criminal conspiracy and committed criminal breach of trust, cheating, forgery etc. and invested the proceeds of crime generated thereby in assets standing in their names, which is an offence punishable under Section 3 of the PML Act. By order dated 02.03.2021 the Court below took cognizance of the offences and issued summons to the accused persons for their appearance. Pursuant to such summons the accused persons entered appearance through counsel. On 26.12.2022 a supplementary complaint was filed by the Enforcement Directorate against some more accused persons and cognizance was also taken. In the meantime, the proceeding was stalled for various reasons including abstention of work by the lawyers as per resolutions passed by the local Bar Association. Thereafter, the accused persons sought for and were granted adjournment to appear. Again the matter was stalled for some dates because of resolution passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be shown any leniency. Mr. Agarwal has relied upon some case laws which will be discussed later. 6. The facts of these cases being as discussed above, the only question that falls for consideration of this Court is, the justifiability of the issuance of NBW against the petitioners by the Court below. As is evident, the petitioners were not arrested earlier and on a complaint being filed, the Court below took cognizance of the offence under Section 4 of PML Act and issued summons to the accused persons including the present petitioners requiring their attendance. The petitioners appeared through counsel and sought adjournments for their physical appearance. It is also evident, from perusal of the entire order sheet of the case that the case was adjourned on some occasions on the prayer made on behalf of the petitioners but the proceedings were also stalled on most of the dates because of abstention of work by members of the Bar Association. Be that as it may, having received the summons, it was obligatory for the petitioners to physically appear before the Court below in obedience thereto. On 20.04.2023 neither the petitioners appeared nor any steps were taken on their beh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh, AIR 1962 SC 253 at p. 255, para 3.]" Personal liberty and the interest of the State 50. Civilised countries have recognised that liberty is the most precious of all the human rights. The American Declaration of Independence, 1776, French Declaration of the Rights of Men and the Citizen, 1789, Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights, 1966 all speak with one voice-liberty is the natural and inalienable right of every human being. Similarly, Article 21 of our Constitution proclaims that no one shall be deprived of his liberty except in accordance with procedure prescribed by law. 51. The issuance of non-bailable warrants involves interference with personal liberty. Arrest and imprisonment means deprivation of the most precious right of an individual. Therefore, the courts have to be extremely careful before issuing non-bailable warrants. 52. Just as liberty is precious for an individual so is the interest of the society in maintaining law and order. Both are extremely important for the survival of a civilised society. Sometimes in the larger interest of the public and the State it becomes absolutely imperati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vikas v. State of Rajasthan, reported in 2013 AIR SCW 6256. Thus the position that emerges is, it is not proper for the Court to issue NBW at the first instance if a summons or bailable warrant is likely to produce the desired result. The drastic step of issuing NBW seeking to curb the liberty of the accused thereby need not be resorted to. Nothing is forthcoming in the impugned order as to why the Court below felt persuaded to issue NBW straightaway without even considering issuance of a bailable warrant. In fact, no reason whatsoever has been cited in the impugned order which makes it all the more vulnerable. 9. Mr. Agarwal has relied upon a decision of the High Court of Rajasthan in the case of Shyam Sunder Singhvi v. Union of India, reported in 2020 SCC OnLine Raj 1981, wherein the Court taking note of the gravity of the offence of money laundering did not feel persuaded to interfere with the order issuing NBW by the trial Court relying upon observations made by the Apex Court in the case of Y.S. Jagan Mohan Reddy v. CBI, reported in (2013) 7 SCC 439 and the case of State of Gujarat v. Mohanlal Jitamalji Porwal, (1987) 2 SCC 364, wherein it was basically held that economic off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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