The Bombay High Court has declared the continued detention of two accused in an alleged fake Amazon Support Services call centre cyber fraud case illegal and ordered their release on bail, observing that their custody was not supported by valid remand orders.
A Bench of Justice Sarang V. Kotwal and Justice Ranjitsinha Raja Bhonsale noted that although the charge sheet had been filed, the Special CBI Court had transferred the case to the Judicial Magistrate First Class (JMFC), Igatpuri, under Section 361 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), there was no order showing that the Magistrate had taken cognizance or issued remand orders authorising the accused’s continued detention.
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The case arose from a CBI investigation into an alleged fake Amazon Support Services call centre operating in Igatpuri, Nashik, which was accused of targeting foreign citizens, including senior citizens from the United States and Canada, through deceptive calls and phishing, and obtaining money through gift cards and cryptocurrency.
The Court held that the accused could not be kept in custody without the requisite judicial authorisation. It directed their release on bail upon furnishing a personal recognisance bond of ₹1 lakh each, with one or two sureties, subject to conditions including surrender of passports, regular reporting to the investigating agency, attendance before the trial court, and restrictions on leaving Maharashtra without the trial court’s permission.
The Court also emphasised that prosecutors, investigating agencies and jail superintendents must bring to the attention of the appropriate authorities any absence of valid remand orders. It clarified that the CBI would remain at liberty to rearrest the accused if necessary, in accordance with law.
