New Delhi: Providing an emphasis on the philosophy of the judiciary “guarantee, not prison”, the Supreme Court on Monday said that no one can be stored without limits in prison with an open investigation by probe institutions in the alleged concern that the defendant’s activities can involve more conspiracies Large which may be proven to harm national security.
This observation was made by Judge Dy Chandrachud and Dinesh Maheshwari while providing guarantees to MD E2ul Haque, the alleged prime was accused of the case of trans-border livestock smuggling where the Central Agent also arrested the BSF commander for BSF involvement in smuggling activities, the results allegedly paid to the party Politics and local administrative officials.
Appearing for Haque, senior advocate beat Rohatgi said that the CBI had submitted a Chargesheet in the alleged case of livestock smuggling on February 6, 2021 and followed up with additional chargesheets on February 21 last year.
He said the BSF commander who was accused of being accused and the defendant had also been given a guarantee but the Calcutta High Court had rejected Plea Bail Haque even though he had been in prison for more than a year in a violation that prescribed a maximum sentence of seven years in prison.
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For the CBI, the additional lawyer General Safe Lekhi said the Petitioner was a racket kingpin involving BSF personnel, customs officials, local police, and others to smuggle transportation livestock through the border indo-bangladesh porous.
He also said that Haque avoided notice, but he appeared in West Bengal by reaching West Bengal through land routes from Bangladesh, thus, showing collusion by local police and increased major concern for national security.
When he said an investigation into a larger conspiracy was still delayed, Judge Chandrachud and Maheshwari asked, “This open investigation is what we do not understand.
How will someone detention without limits will help in investigating a greater conspiracy when the defendant has given a guarantee? One year And two months, where he has been detained, is not enough to investigate a greater conspiracy? “The bench given by Bail Haque said his sustainable detention was not guaranteed.
Cannot keep someone in a prison without a limit of national security fears: the Supreme Court
