WP(C) 375/2014 and CM No.748/2014 (stay)

1. This is a writ petition which is directed against the memorandum bearing no.T-4/53-D/95 (SCN) dated 14.11.1995 (hereinafter referred to as SCN) issued by the Special Director, Enforcement Directorate, New Delhi. The petitioner seeks quashing of the said SCN.

1.1 The heart of the challenge is in the assertion by the petitioner that even though more than 19 years have elapsed since, the proceedings were initiated against him by the Enforcement Director and yet they have not reached culmination. Thus, in effect, the challenge by the petitioner is raised and confined to one singular ground, which is unexplained delay, which he says, is not attributable to him.

2. In order to appreciate the contours of the challenge laid by the petitioner, it would be relevant to notice the following broad facts :-

2.1 It appears that based on information received by the Enforcement Directorate (in short the E.D.), a raid was conducted at D-43, Minto Road, Rouse Avenue, New Delhi on 18.05.1995. The petitioner was apparently found in the premises which was searched by the officers of the E.D., in exercise of powers under Section 37 of the Foreign Exchange