The Delhi High Court recently rejected the anticipatory bail plea of Jagdish Das, a goldsmith accused of misappropriating part of 26 kg of gold (worth ₹9.66 crore) delivered to his firm for jewellery manufacturing.
The Economic Offences Wing registered an FIR in 2022, and after Das failed to cooperate with the investigation, a non-bailable warrant (NBW) was issued against him. He was later declared a “proclaimed offender” under Section 82 of the CrPC.
Court’s Key Observations
Justice Ravinder Dudeja dismissed the plea, stating, “Keeping in view the law and judicial precedents, anticipatory bail shall not be granted to a person who is a proclaimed offender under Section 82 of CrPC except in exceptional circumstances.”
The court further noted, “The present case does not form an exceptional or extraordinary case where this discretionary power of the court be used.”
The judge also considered a police status report, which revealed that Das did not join the investigation despite court orders and NBWs.
Arguments From Both Sides
Defense’s Claim: Senior advocate Amit Chadha, representing Das, argued that the 26 kg gold was never delivered to his client but to two individuals, Arup Bhuiya and Ranjan Mitra, who were not his employees.
Prosecution’s Counter: The Additional Public Prosecutor cited the status report, stating that Das was the director of M/s JD Jewels Creations Pvt Ltd, and Bhuiya and Mitra were his associates/employees tasked with collecting bullion on his behalf.
With his anticipatory bail rejected, Das remains at risk of arrest. The case underscores the judiciary’s strict stance against proclaimed offenders seeking pre-arrest relief unless exceptional circumstances are proven.
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