Research › Browse › Judgment

Supreme Court of India · body

2011 DIGILAW 412 (SC)

Assistant Director, Directorate of Enforcement v. Hassan Ali Khan

2011-03-17

B.SUDERSHAN REDDY, S.S.NIJJAR

body2011
ORDER : B. Sudershan Reddy and S.S. Nijjar, JJ. List on the notified date. There shall be stay of the operation of the impugned order dated 11-3-2011 passed by the Principal Judge, City Civil and Sessions Court and Special Court, Mumbai under the Prevention of Money-Laundering Act, 2002 in RA No. 1 of 2011 in ECIR/02/MZO/2007. 2. We are satisfied that the material made available on record prima facie discloses the commission of offence by the respondent herein punishable under the provisions of the Prevention of Money-Laundering Act, 2002. 3. The order passed by the learned Principal Judge creates an extraordinary situation if allowed to stand even for a moment may ultimately result in frustration of the very investigation. An extraordinary situation requires an equally effective and extraordinary solution. It is for that reason we propose to interfere with the order even at this stage. 4. Having regard to the extraordinary circumstances and complexity of the issues involved and the magnitude of the case, we consider it appropriate to authorise the detention of the respondent-accused herein for his custodial interrogation. We, accordingly, authorise the detention of the respondent- accused in the custody of the authorities of the Enforcement Directorate. He shall, accordingly, remain in the custody of the authorities of the Enforcement Directorate for a period of four days. 5. There shall be an order accordingly.