2026 (9) TMI 561

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....d impugned orders, the Ld. Judge, 5th Special Court, Calcutta, issued a warrant of arrest against the petitioners, who are both directors of M/S. Shekher Plantation (P) Ltd. although they were on bail granted by the CJM, Alipore, South 24 Parganas, and also rejected the prayer for directing the Copy Department to accept the application filed on behalf of the petitioners and supply the certified copy of the complaint and all relevant orders passed by the Court of the learned Judge, 5th Special Court, SEBI at Calcutta. 3. The brief facts of the case are that the opposite party/SEBI filed a complaint case against M/S. Shekher Plantation (P) Ltd. and the petitioners herein for commission of offence punishable under Sections 24(1) and 27 of S....

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....sed was not arrested by the ED till filing of the complaint, while taking cognizance on a complaint under Section 44(1)(b), as a normal rule, the Court should issue a summons to the accused and not a warrant. Even in a case where the accused is on bail, a summons must be issued; c) After a summons is issued under Section 204 of the CrPC on taking cognizance of the offence punishable under Section 4 of the PMLA on a complaint, if the accused appears before the Special Court pursuant to the summons, he shall not be treated as if he is in custody. Therefore, it is not necessary for him to apply for bail. However, the Special Court can direct the accused to furnish bond in terms of Section 88 of the CrPC; d) In a case where th....

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..... This court would like to quote Section 26 (B) as under: "26-B. Offences triable by Special Courts.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act committed prior to the date of commencement of the Securities Laws (Amendment) Act, 2014 or on or after the date of such commencement, shall be taken cognizance of and tried by the Special Court established for the area in which the offence is committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court concerned". 10. Accordingly, this Court finds that the order of issuance of warrant of arrest is palpable and illegal. Th....