CBI Imposed a Fine of Rs 50,000 for Illegal Arrest in the PNB Fraud Case

Team SoOLEGAL 17 May 2018 4:00pm

CBI Imposed a Fine of Rs 50,000 for Illegal Arrest in the PNB Fraud Case

The Central Bureau of Investigation (CBI) has been ordered by the Bombay High Court to pay a fine of Rs 50,000 in eight weeks for an illegal arrest made by its officer in the Punjab National Bank (PNB) scam case.


However, the High Court allowed the investigative agency to recover the fined amount from the erring officers.


The court further added that CBI agency can take action in an attempt to ensure that officers of such a responsible agency are "deterred from committing such violation of the statutory provisions".


The HC passed the order on plea against CBI filed by Kavita Manikikar, an employee of diamond merchant Nirav Modi – the prime accused of the PNB fraud case.


In the petition, Manikikar claimed that her arrest by the agency was illegal, as it was done after sunset by a male officer which is in clear violation of the Section 46(4) of the Crpc. The CBI had arrested her, on February 20, saying that she was an authorised signatory of the 3 firms owned by Nirav Modi.


During the case hearing, the two-judge bench of Justice SJ Kathawalla and Justice Bharati H Dangre ruled that Mankikar's arrest was illegal.


"Resultantly, any arrest which is made in violation of the provisions contained in the CrPC shall be liable to be termed as not in accordance with the Code and thus, illegal," the court said.


Tagged: HC   CBI   Section 46(4)  
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