VidhiSangh

Supreme Court of India · 27/03/2019

SERIOUS FRAUD INVESTIGATION OFFICE versus RAHUL MODI AND ANR. ETC.

[2019] 5 S.C.R. 91 · 2019 INSC 408

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Summary

The Supreme Court set aside interim release of persons arrested during an SFIO investigation. The reporting period specified under Section 212(3) was directory and did not terminate the investigation mandate or arrest power on expiry. Valid, unchallenged judicial remand orders also prevented release through the habeas-corpus route adopted. The accused were directed to surrender for the Special Court’s independent consideration of further custody; guilt and ordinary bail merits were not determined.

Issues

  1. Whether expiry of the stipulated reporting period ended SFIO’s mandate.
  2. Whether habeas relief could bypass the operative judicial remand orders.
  3. Whether Delhi arrest made Gurugram production unlawful.

Provisions considered

Held

Result

SFIO appeals allowed; interim-release order set aside. Rahul and Mukesh Modi directed to surrender before the Special Court on 1 April 2019 for custody consideration, with forfeiture/arrest consequences for default and compliance affidavits due 8 April. Related transfer petition disposed of; substantive merits left open.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 91.