- (1.) By filing CRR 1230 of 2014 the CBI as petitioner has challenged order impugned dated 7th April 2014 passed by the ld. 3rd Special Court, Calcutta in case on. RC 0102014A0009 dated 3rd April 2014. Also by filing the connected CRR 1294 of 2014 the CBI has challenged further order dated 10th April 2014 passed by the said 3rd Special Court, Calcutta in the same case viz, RC0102014A0009 dated 3rd April 2014. By the first impugned order dated 7th April 2014 the ld. Special Court was pleased to consider the prayer for police custody made by the CBI in respect of all the 7 accused persons. The ld. Special Court was pleased to take notice of the following facts in its order dated 7th April 2014: - a) That at the stage of dictating its order at 7 pm an application was filed on behalf of the accused persons at 4.20 pm to the effect that none of the accused were produced in spite of the direction of the ld. Special Court. Ultimately the accused persons were produced before the ld. Special Court at 4.50 pm and vehement objection raised on behalf of the accused persons over such delayed production. The ld. Special Court was pleased to record the fact that time and again the prosecuting agency has produced the accused persons beyond Court hours. The ld. Special Court was pleased to take exception on this fact. b) The ld. Special Court was pleased to record that no further remand will be accepted after 4.30 pm. If any accused person was produced before the ld. Court after court hours the court shall not entertain such production. Moreover, the production of the accused beyond court hours is not envisaged in law. Accordingly, the ld. Special Court was pleased to show cause S.P, ACB, CBI. c) On the merits of the case the ld. Special Court on perusal of the case diary was pleased to find that during police custody of three of the accused persons "Though little, but some materials have been collected by the CBI in respect of this case." The ld. Special Court was also pleased to hold that the case diary reflects several statements of the witnesses which shows the connection of the accused persons with this case. After taking into account the rival submissions, the ld. Special Court was inclined not to allow the prayer for police custody of accused nos .2 and 3 but in respect of accused nos.4 to 7 the police custody was allowed for four days. d) With regard to the accused no.1 the ld. Special Court was pleased to hold that sufficient interrogation has been done by the CBI within 3 days of police custody and since the accused no.1 is suffering from brain haemorrhage, on medical grounds the bail prayer of the said accused no.1 was allowed. e) The accused nos.2 and 3 were remanded to judicial custody till 10th April 2014. The accused nos. 4 to 7 were remanded to police custody for 4 days. The next date of production was fixed on 10th April, 2014. The ld. Special Court was pleased to direct that the Investigating Agency must produce the accused before the ld. Special Court positively before 2 pm on the next date failing which the detention of the accused persons shall be treated to be illegal and irrespective of the merit of the case they will be enlarged on bail. Since the order was passed at 7.30 p.m. the bail of the accused no.1 was made conditional upon the undertaking given by his ld. advocate to appear before the Court at 10.30 a.m. positively on the next date, i.e. 8th April 2014 and arrange for surety as directed. f) In view of the inability expressed by CBI to keep the accused nos. 2 and 3 in judicial custody, they were directed to be detained at the Head Office of CBI at Nizam Palace, Kolkata for production on the next date i.e. 8th April, 2014.
(2.) By the subsequent order dated 10th April, 2014 impugned in CRR 1294 of 2014 the ld. Special Court was again pleased to consider the bail applications filed on behalf of the accused persons in custody alongwith the remand application filed on behalf of the CBI praying for police custody in respect of the other accused persons. The ld. Special Court was also pleased to consider the reply to the show cause filed by the SP, ACB, CBI expressing his unconditional apology due to the late production of the accused persons. Such apology was accepted. The ld. Special Court was further pleased to take note of the submission made on behalf of the prosecuting agency that the allegation of bribery amounted to a sum of Rs.1 crore and the money was seized from different places of the country, the police custody of all the accused persons is necessary for interrogation.
(3.) On 10th April, 2014 it was brought to the notice of the ld. Special Court that the present revisional application being CRR 1230 of 2014 is pending before this Hon'ble Court. In view of the pendency of CRR 1230 of 2014 before this Hon'ble Court, although no order of stay was passed at that stage by the Hon'ble Court no further order was passed by the ld. Special Court on 10th April 2014 except that the accused persons were in police custody for more than two days and the CBI having received sufficient opportunity to interrogate them, the further detention of the said accused persons in police custody is not necessary. Therefore, the ld. Special Court was pleased to direct judicial custody in respect of the accused persons with the observation that the Investigating Agency may conduct the custodial interrogation in terms of any direction to be passed by this Hon'ble Court. Accordingly, the accused persons were remanded to judicial custody till 22nd of April, 2014 on which date they were required to be next produced. Sri Ashraf Ali, ld. Counsel for the petitioner has argued the following: - That this is a serious case involving alleged gratification sought to be obtained by a Commissioner, Central Excise, Kolkata II Commissionerate alongwith another official of the same department. The opposite party nos.1 and 2 in CRR 1230 of 2014 were arrested on the 5th of April, 2014 in Kolkata and they were produced before the ld. Special Court on the same date. However, the ld. Special Court was pleased to remand them to police custody only till 7th of April, 2014 against the prayer for 7 days police custody. According to Sri Ali, the bribe money was recovered on the 4th of April, 2014 and on 15th April, 2014 the other accused persons being the opposite parties no.4 and 6 were arrested in Mumbai. The OP 3 in CRR 1230 of 2014 was arrested on the 5th of April, 2014. Transit remand of the Ops 3 to 6 was granted by the ld. Special Court, Greater Mumbai till 7th of April, 2014. 50 Sri Ali further submits that on 7th April, 2014 the investigating officer reached the CBI office Calcutta with the Ops 3 to 6 and, on the same date the OPs 1 and 2 were produced before the ld. Special Court in Kolkata. The OPs 3 to 6, who were arrested in Mumbai and on transit remand were also produced on the same date, i.e. 7th April, 2014 when the ld. Court was pleased to pass its order. Sri Ravinder Kumar Bhalotia, the Accused no.1 is on bail which was allowed on medical ground.;