Calcutta High Court Directs Enforcement Directorate To Arrest Money Laundering Accused From Court Hall Itself

The Calcutta High Court while deciding a revisional application filed by the Enforcement Directorate, Kolkata Zone-II directed the ED to arrest the two accused persons from the Court Hall itself who were involved in a money laundering case.

The ED challenged the order passed by the Special Court wherein bail was granted to the accused.

A Single Bench of Justice Tirthankar Ghosh said, “Taking into account the provisions of Section 19(3), Section 45 (Explanation), Section 46, Section 65 and Section 71 of the PMLA Act, 2002 read with paragraph 324 of the judgment of Vijay Madanlal Choudhary (supra), I hold that the foundation, finding and conclusion of the order dated 21.01.2023 passed by the Learned Special Judge is bad in law and the same as such is set aside.”

The Bench was informed that the accused persons were present before the Court.

“… the Enforcement Directorate is directed to take both the accused persons in custody and produce them before the Learned Special Court by 3 p.m. advancing their prayers for custody, if required”, the Court observed.

Advocate Phiroze Edulji appeared for the petitioner while Advocate Sekhar Basu appeared for the accused persons.

In this case, the Enforcement Directorate detained the accused persons for their alleged roles in a Rs. 108 crores scam-related matter.

The High Court in view of the facts and circumstances of the case noted, “Having considered the aforesaid observations of the Hon’ble Supreme Court, I am of the opinion that the interpretation of the learned Senior advocate appearing for the opposite parties that ECIR can be registered only after finality is attained in a criminal proceeding is not acceptable to this Court.”

Accordingly, the Court allowed the application of the ED.

Cause Title- Enforcement Directorate, Kolkata Zone-II v. Shri Shailesh Kumar Pandey and another

Click here to read/download the Order