New Delhi, A Delhi court has declared the arrest of two persons “illegal” in an Economic Offences Wing case, ruling that the grounds for arrest presented by Delhi Police fail to justify it as both the accused were complying with the investigation, and ordered their release.
Judicial Magistrate First Class Raj Kumar Singh was hearing an application moved by the investigating officer of the case seeking one-day police custody of accused Ravinder Pal Singh Chaddha alias Ravin Chaddha and Manoj Bhaiyasaheb Pongde.
In an order dated June 10, the court said, “Seriousness of allegations cannot by itself substitute the statutory requirement of necessity of arrest. Where the accused persons have been joining investigation pursuant to notices, the IO must demonstrate why further investigation cannot proceed by notice or other permissible investigative steps”.
The case, registered at the EOW police station, pertains to an FIR filed over allegations relating to forged/fabricated bank guarantees and connected documents in relation to a tender of Solar Energy Corporation of India. However, this order is confined only to the legality of arrest and prayer for police custody remand.
The court noted that both accused were produced within 24 hours of their arrest and no allegations of custodial violence were made. However, after considering submissions from both sides, the court held that the arrests were not in accordance with the law.
“The grounds of arrest substantially refer to the alleged role of the accused persons in the transaction and the need for further investigation. These may be matters for investigation, but they do not, in the facts presently shown, satisfy the requirement of arrest after compliance of notice. The law requires reasons for arrest, not merely reasons for investigation,” the court said.
Appearing for both the accused, Advocate Rajat Bhardwaj submitted before the court that his client had appeared pursuant to earlier notices and there was no violation of any notice.
“There was no violation of any notice, no allegation of non-cooperation, and no fresh material or changed circumstance justifying arrest,” he said.
The court dismissed the police plea seeking one-day custody and directed that both accused be released forthwith if not required in any other case.
“Accordingly, the arrest of accused Manoj Bhaiyasaheb Pongde and accused Ravinder Pal Singh Chaddha alias Ravin Chaddha in the present FIR is declared illegal,” the court said.
The court, however, clarified that the order would not prevent the investigating agency from continuing the probe in accordance with law. It also directed the accused to join the investigation whenever required by the investigating officer.
This article was generated from an automated news agency feed without modifications to text.
