Supreme Court - Daily Orders
Yogesh Mittal vs Enforcement Directorate on 11 December, 2017
Bench: Rohinton Fali Nariman, Navin Sinha
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
M.A. NO. 1487 OF 2017
IN
CRIMINAL APPEAL NO. 2012 OF 2017
YOGESH MITTAL Appellant (s)
VERSUS
ENFORCEMENT DIRECTORATE Respondent(s)
O R D E R
Having heard the learned counsel appearing for the parties, we set aside the judgment and order dated 14.09.2017 of the High Court inasmuch, as after recording in paras 76 & 77 that the appellant was remanded for more than 15 days in one go and that a clear/specific endorsement was necessary and without that having been recorded, the remand was illegal, yet the Court went on to state that for the fault of the Court, the prosecution cannot be made to suffer. Another major departure from settled procedure was that the order of remand was permitted to be recorded by the Reader of the Court which would, according to the High Court, only be an irregularity and not an illegality, which is obviously incorrect in law.
We are, therefore, of the considered view that, in the interest of justice, this order is set aside and the matter is Signature Not Verified Digitally signed by VISHAL ANAND remanded for hearing afresh by the High Court. Date: 2017.12.12 15:16:30 IST
All contentions are Reason: kept open to both the parties. We request the High Court to decide the matter as expeditiously as possible. 2 Application is disposed of accordingly.
.......................... J.
(ROHINTON FALI NARIMAN) ..........................
(NAVIN SINHA) New Delhi;
December 11, 2017.
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ITEM NO.53 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
M.A. 1487/2017 in Criminal Appeal No. 2012/2017 YOGESH MITTAL Petitioner(s) VERSUS ENFORCEMENT DIRECTORATE Respondent(s) (FOR [APPLICATION FOR SEEKING CLARIFICATION IN THE JUDGMENT DATED 23.11.2017] ON IA 129202/2017 and IA No.132145/2017-CLARIFICATION/DIRECTION) Date : 11-12-2017 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Mukul Rohtagi, Sr. Adv.
Mr. Saurabh Kirpal, Adv. Mr. Sanjay Agarwal, Adv. Mr. Sameer Rohatgi, Adv. Mr. Ashish Batra, Adv.
Mr. Amit K. Nain, AOR For Respondent(s) Ms. Pinky Anand, ASG Ms. Binu Tamta, Adv.
Ms. Shirin Khajuria, AOR Ms. Sanskriti Bhardwaj, Adv. Ms. Ayushi Gaur, Adv.
Mr. Hemant Arya, Adv.
Mr. B. Krishna Prasad, AOR UPON hearing the counsel the Court made the following O R D E R Application is disposed of in terms of the signed order.
(R. NATARAJAN) (SAROJ KUMARI GAUR) COURT MASTER (SH) COURT MASTER (Signed order is placed on the file)