TaxTMI 
TaxTMI 
2023 (7) TMI 381
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....n of the petitioner that she is the wife of the detenu. There are three criminal cases pending against the detenu in C.C. Nos.19, 24 & 25 of 2021 on the file of the learned Additional Special Court for trial of cases against M.P. / M.L.A. and the offences are under Sections 406, 409, 420 and 506(1) read with Section 34 of the Indian Penal Code. 4. The occurrences are of the year 2014 wherein it is alleged that the detenu had obtained money from third parties, promising jobs in the Transport Department and thereafter cheated them. On the basis of the same, a case has now been registered under Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred as 'P.M.L.A.') and he was arrested at about 1:30 a.m. on 14.06.2023. Complaining that the notice under Section 41-A of the Criminal Procedure Code was not issued and that the grounds for arrest was not informed and complaining violation of Article 22(1) of the Constitution of India that the detenu was neither informed about the ground of arrest nor permitted the right to consent a legal practitioner, this Habeas Corpus Petition was filed at about 10:30 a.m. on 14.06.2023. 5. The further proceedings tha....
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.... the P.M.L.A. are complied with, and if notice is served, they can file a counter affidavit, explaining the same. He would further submit that the arrest itself has happened in the house of the detenu and as a matter of fact, the relatives were called over phone and they did not pick up the phone. Similarly, other efforts were also taken by them to inform the arrest and they had sent sms and emails to the wife of the detenu. 10. We have considered the rival submissions made on behalf of the petitioner as well as the respondent Enforcement Directorate in the main Habeas Corpus Petition. 11. The learned Additional Solicitor General of India relied upon the decision in Saurabh Kumar through his father vs. Jailor, Koneila Jail and another reported in (2014) 13 SCC 436, State of Maharashtra and others vs. Tasneem Rizwan Siddiquee reported in (2018) 9 SCC 745, A. Lakshmanarao vs. Judicial Magistrate First Class Parvatipuram and others reported in 1970 (3) SCC 501 and Serious Fraud Investigation Office vs. Rahul Modi and another reported in (2019) 5 SCC 266. 12. On behalf of the petitioner, the learned senior counsel relied upon the judgement in Satender Kumar Antil vs. Central B....
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....ngs of the Experts at the Omandurar Medical College and Hospital. "Selective CAG done through Rt Radial LM : Minimal Puminal Irregularities -c distal 10-20% LM gives rise to LAD & LCX LAD : A proximal discrete Aneurysm is seen. In mid at 5 level 60 - 70 % stenosis LCX : Non-dominant ML I seen throughout - Major OM has prox 70 % Stenosis dis Lex 70 % From Left Colletrals Visualizes right PLB RCA : Dom difficulty diseased Throughout Prox 50 % MID 50 % Dis 90 % at bi fure 50 % PDA pr 70 % PLB - wid total ob 3 V CAD Rec : CABG SIGNATURE 14/06/2023 Dr.G.Karthikeyan MD DM Senior Consultant" A Medical Bulletin is issued by the hospital, which is extracted as follows:- 17. Mr.N.R.Elango, the learned Senior counsel would submit that it can be seen from the Bulletin that the doctors of the Omandurar Government Hospital has advised an Emergent bypass surgery. The learned Senior Counsel would submit that the detenu already has a regular consultant physician who is worki....
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....emergent treatment. As prima facie, the detenu is in custody by judicial order of remand, there is no question of enlarging him on bail. He shall continue to be in judicial custody. The only question is whether he has to undergo an emergent treatment at the Omandurar Government Hospital itself or the hospital of their choice. In this regard, when the petitioner pleads that they have a regular physician at Cauvery Hospital, Chennai which is also a reputed hospital in Chennai, regarding the treatment in Cardiology, when the matter is concerning a life of an individual, we are of the view that prayer on behalf of the detenu to undergo treatment at the hospital of their choice, at his own cost, can be acceded to even while he continues to be in judicial custody. 22. But however, since there is a concern which is expressed on behalf of the respondents / Enforcement Directorate, even after shifting the detenu from the Omandurar Government Hospital to Cauvery Hospital, a panel of doctors constituted by the respondents, can also visit and examine the detenu and the medical records and the treatment which is being given to the detenu. It is open to the respondents/ Enforcement Directorat....