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Enforcement Directorate custody powers affirmed; CrPC remand rules apply and habeas corpus succeeds only in exceptional circumstances.
The core holding: Enforcement Directorate officials are entitled to seek custody on remand and, after arrest, procedural norms under the Criminal Procedure Code apply. Habeas corpus challenges to a judicial remand succeed only in exceptional circumstances, and medically necessitated hospitalization periods may be excluded when computing custody time for further remand-while the distinct question whether customs/DRI or other specialised officers qualify as police officers for evidentiary and procedural consequences depends on whether their statutory powers equate to core police functions and remains unresolved for final adjudication. (AI Summary)
Author
Date 22 Jul 2023
BOLLOJU KUMAR
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Organization

BVKUMAR ADVOCATE

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Connected

June 2022