The Bombay high court came down heavily on the Central Bureau of Investigation on Monday for questioning Goa Gutkha owner J M Joshi without appropriate orders.
Joshi was questioned by the CBI for his alleged nexus with the underworld.
Non-bailable warrant against gutkha kings | Secrecy shrouds probe into gutkha kings' case
The Maharashtra Control of Organised Crime Act court issued a warrant against Joshi in January, 2005 in the same case.
The HC said that the agency should have first presented him before the court, which issued a warrant against him.
Manikchand owner denies underworld link
Justice R M S Khanderparkar and Justice P V Kakade directed the CBI to produce Joshi before the appropriate court that had issued the non-bailable warrant against him and get appropriate orders before questioning him.
CBI counsel Raja Thakeray admitted lapse on part of the investigation agency and said that they would take Joshi to the MCOCA court.
Police had summoned Joshi for questioning after an accused disclosed during interrogation that he and another gutka baron Rasiklal Manikchand Dhrariwal had alleged nexus with Pakistan-based don Dawood Ibrahim and had helped the underworld to establish gutka empire in Pakistan.
The accused also told the police the duo had exported machinery to make gutka pouches to Pakistan via Dubai at the instance of Dawood's brother Anees.
However, Dhariwal and Joshi, owners of Manikchand and Goa Gutka respectively, denied the charge but expressed their inability to come to India as they had to stay 180 days outside the country to maintain their NRI status.
While Dhariwal continues to be outside India, Joshi has come to the country and appeared before CBI.
Both of them challenged non-bailable warrants in the HC which rejected Dhariwal's petition but adjourned Joshi's petition to February 28 as he assured to appear before CBI on February 25.
The Mumbai police argued before the high court that custodial interrogation of both gutka barons was necessary to dig out the truth, while the CBI said that they did not intend to arrest the two immediately but may have to register a fresh case if need arises after questioning them.
The warrants were issued at the behest of Mumbai police, which had probed the case earlier. CBI was made a respondent as it has recently taken over investigations.
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