Delhi HC quashes NBWs against U.K.-based businessman

The Delhi High Court has set aside the non-bailable warrants (NBWs) issued against UK-based entrepreneur Sachin Dev Duggal in an Enforcement Directorate (ED) money laundering investigation linked to the Videocon group, holding that the statutory requirements for issuing such warrants were not met.

In the order passed on December 19, the court clarified that NBWs can be issued against a person who is evading investigation and who may not be formally arrayed an accused in the prosecution complaint. However, “such persons must be projected as a person accused of committing non-bailable offence and evading arrest for the purpose of Section 73 of the CrPC”.

The court took note of the fact that in the present case, the status of Mr. Duggal in the investigation is of ‘witness’. “Thus, the consideration of Special Court for issuance of non-bailable warrants was beyond the requirements of Section 73 of the CrPC,” the court said, quashing an order passed by a special court here in February 2023.

The High Court further highlighted that powers of the court to issue NBWs on request of the investigating agency is under Section 73 of the CrPC for which the three pre-requisites are that the person against whom the warrants are to be issued, should be either a convict, a proclaimed offender, or a person who is accused of a non-bailable offence and is evading arrest.

“In the present case, as stated hereinabove, it is not the case of the respondent that the petitioner at any point of time was an accused in the investigation or he was evading arrest.”