2017 (3) TMI 1642

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....OF 2017 - -<br>PMLA<br>&nbsp;HON&#39;BLE MR. JUSTICE A.K. SIKRI AND HON&#39;BLE MR. JUSTICE ASHOK BHUSHAN For the Petitioner : Mr. Vikram Choudhary, Sr. Adv., Mr. Saurabh Kirpal, Adv., Mr. Ashish Batra, Adv., Ms. Preeti Singh, Adv. For the Respondent: Mr. Mukul Rohatagi, AG., Ms. Sadhana Sandhu, Adv., Mr. Dhruv Pal, Adv., Mr. B. K. Prasad, Adv. ORDER With the consent of the learned counsel ....

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....m, when the period of 60 days of judicial custody of the appellant was over, no complaint was filed. He, thus, invoked the provisions of Section 167 (2) of the Cr.P.C. while requesting for statutory bail. Both these applications were dismissed by the Trial Court. Application for grant of bail was dismissed on merits. As far as application for statutory bail filed under Section 167(2) Cr.P.C. is co....

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....t that provisions of Section 167(2)Cr.P.C. are not applicable to the cases under PMLA Act. This position in law stated by the Trial Court does not appear to be correct and even learned Attorney General appearing for the respondent could not dispute the same. We may record that as per the provisions of Section 4(2) of the Cr.P.C., the procedure contained therein applies in respect of special statut....

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....proceedings under this Act." We may also refer to judgment of this Court in &#39;Directorate of Enforcement v. Deepak Mahajan and Another&#39; [1994 (3) SCC 440] wherein it was held as under: "141. In the result, we hold that sub-sections (1) and (2) of Section 167 are squarely applicable with regard to the production and detention of a person arrested under the provisions of Section 35 of FER....