NEW DELHI: The Delhi High Court has ruled that non-bailable warrants (NBWs) cannot be issued against a person solely for failing to comply with a summons from the Enforcement Directorate (ED).
Justice Amit Sharma clarified that NBWs can be issued only against a convict, a proclaimed offender, or an accused of a non-bailable offence who is evading arrest.
“It is no doubt true that NBWs (non-bailable warrants )can be issued against the person who is evading investigation and who may not be formally arrayed as an accused in the prosecution complaint.
However, such persons must be projected as a person accused of committing a non-bailable offence and evading arrest for the purpose of Section 73 of CrPC,” the judge said in an order dated December 19.
The remarks came as NBWs were set aside against UK-based entrepreneur Sachin Dev Duggal in a money laundering case linked to the Videocon group and a bank fraud probe.
The court observed that the trial court had not properly exercised its powers under the CrPC while issuing the warrants.