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2019 Supreme(Del) 2451

SURESH KUMAR KAIT
Enforcement Directorate – Appellant
Versus
Tilak Raj Arora – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Mahajan, CGSC with Ms. Mallika, Adv.
For the Respondent: Mr. Harish Kohli, Mr. Jitesh Sharma, Ms. Vikash Kumar & Mr, Rohit Singh, Advs.

JUDGMENT :

1. Vide the present petition, the petitioner seeks directions thereby to set aside the order dated 13.04.2017 passed by the learned Addl. Sessions Judge in ECIR/20/DLZO1/2015/AD PMLA.

2. Brief facts of the case are that the respondent filed the application for anticipatory bail on 6.4.2017 and Ld. Judge vide the impugned order, while disposing of the application for anticipatory bail has passed the direction that the petitioner agency shall serve three working days notice, on proposing to arrest the petitioner in this case.

3. Learned counsel for petitioner submitted that the directions passed by the Ld. Judge are contrary to the settled law. The Apex Court in a catena of judgments has held that the directions of this nature cannot be passed while disposing of application for anticipatory bail. The Hon'ble Supreme Court in the case of Union of India vs. Padam Narain Aggarwal (2008) 13 SCC 305 in identical circumstances has held as under: -

    "64. In our judgment, on the facts and in the circumstances of the present case, neither of the above directions can be said to be legal, valid or in consonance with law. Firstly, the order passed by the High Court is a blanket one as held

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