The arrested accused
Out of the 43 accused arrested by the CBI under Operation Chakra Part 2, three have been sent to CBI custody for 4 days. Along with this, 40 accused have been sent to judicial custody. CBI had sought 7 days custody for three accused and demanded judicial custody for 40 accused. At the same time, the lawyer of the accused had said that the arrest and custody should end. CBI told the court that this is a very serious matter, which has an impact in the country and abroad. We have got strong evidence against the accused, but the mastermind has not been found yet. We have identified three people, through interrogation of whom the conspiracy of this entire crime can be reached. More recoveries can be made in this case.
CBI said that we have a recording of the conversation with the foreign nationals. In this conversation, the method of committing the crime has been discussed. We suspect a transaction of 15 million US dollars. Custody is necessary for investigation in this matter.
Argument of the lawyer of the accused
The lawyer appearing on behalf of the accused alleged that in this case, CBI did not present the accused in court within 24 hours of taking them into custody. The lawyer of the accused argued that after taking the search warrant from the court, CBI’s call center search operation started on 24th. All of them were not allowed to go out. But CBI presented the accused before the court on 26th July. In this context, they were in CBI custody from 24th to 26th July. The lawyer argued that even though the time of arrest of the accused is shown as 25th July in the CBI arrest memo, the custody had started at 11 am on 24th July itself. (When CBI reached there)
Demand to cancel arrest and remand
Citing old SC/HCs’ decisions, the lawyer alleged that as per the provisions of these decisions, the arrest of the accused in this case is completely illegal and unlawful. In this case, the CBI did not follow the necessary legal procedure related to arrest and remand. The basis of arrest of the accused was not told. Copy of FIR and remand was not given. Even today, after the court’s order, the copy of remand has been made available to the accused’s lawyer. CBI has demanded custody of 3 accused, while 40 have been demanded to be sent to judicial custody. Citing old decisions, the accused’s lawyer said that since the accused were not produced in court within the 24-hour time limit in this case, the arrest and remand should be cancelled.
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