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PRASHANT KUMAR MISHRA, VIPUL M. PANCHOLI
Directorate of Enforcement – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of petitioners and case background. (Para 1) |
| 2. claims of interference during the investigation. (Para 2 , 4 , 5 , 6) |
| 3. interference by officials during a search. (Para 3) |
| 4. legal requirements for firs and investigation integrity. (Para 8 , 9) |
| 5. arguments against maintainability and interference claims. (Para 10 , 11 , 12 , 13 , 14) |
| 6. acknowledgment of affected proceedings. (Para 15) |
| 7. court's recognition of serious issues and implications. (Para 16 , 17 , 18 , 19) |
| 8. orders issued by the court. (Para 20 , 21 , 22 , 23 , 24 , 25) |
ORDER
1. In Writ Petition (Crl.) No. 16/2026, the petitioners are the Directorate of Enforcement and its Deputy Directors, whereas in Writ Petition (Crl.) No. 17/2026, the petitioners are the officers of Enforcement Directorate, who had gone to the subject premises during the course of investigation, conducted by the Directorate of Enforcement.
2. Shri Tushar Mehta, learned Solicitor General, appearing for the petitioners, would draw our attention to a series of events which has led to filing of the present Writ Petitions. According to him, the Directorate of Enforcement was investigating a scam amounting to Rs.2742.32 crores, si
Interference by state agencies in central investigations undermines the rule of law, necessitating judicial intervention and proper registration of FIRs for cognizable offences.
The main legal point established in the judgment is the need for a fair and effective investigation, leading to the direction of a Special Investigation Team consisting of personnel from both the CBI....
Court held that state police investigation indicated bias; thus, CBI should investigate to ensure impartiality in serious allegations involving high-profile figures.
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
Conduct and bona-fides of the Petitioner are not to be construed as an indictment of the State of Maharashtra in general but they are in context as a party in this litigation and as an adjudication o....
The jurisdiction of the Enforcement Directorate to investigate alleged money laundering in respect of offences under the Customs Act, 1962 and the Foreign Exchange Management Act, 1999 was the main l....
(1) Delhi liquor scam – Arrest of petitioner Arvind Kejriwal, Chief Minister of State of Delhi is not illegal.(2) Law of approver is more than 100 years old – It is Court of law that evaluates credib....
High Court cannot assume such powers to itself without considering chain of administrative control in hierarchy of service.
(1) There is a statutory right of police to investigate cognizable crime without requiring any authority from judicial authority – Functions of judiciary and police are complementary, not overlapping....
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