IMPORTANT POINT
The Enforcement Directorate has broad powers under the Prevention of Money-Laundering Act to summon individuals based on reasonable belief of involvement in money laundering, supported by evidence of illegal possession and tampering with records.

JUDGMENT :

Per Shree Chandrashekhar, A.C.J.

After traveling a little topsy-turvy course, this writ petition comes up with the following amended prayers:

“1a. For appropriate writ(s), order(s) and direction(s) to read Down and/or Read Into, consider, determine and expound the scope and ambit of Section 50 (2) of The Prevention of Money-Laundering Act, 2002 in consonance with the law declared by the Supreme Court inter alia, in Vijay Madanlal Chowdhury vs Union of India (Cr. Appeal nos. 4634/2014) and Pankaj Bansal vs Union of India (Cr. Appeal nos. 3051 and 3052 of 2023) and declare that:-

(i) The authorised person issuing Summon under Section 50(2) must record in writing the reasons why he considers necessary the attendance of person to whom Summon is issued:

(ii) The writing recording the reason to belief that attendance is necessary before issuance of Summon under Section 50(2) must be dated, sealed and preserved so that the same be made available to the competent Court when called for;

1AA. Declare the arrest and consequent detention of the Petitioner as unwarranted, arbitrary, illegal and violative of the fundamental right of the petitioner guaranteed and protected under Article 21 of the Constitution of India and direct the Respondent to forthwith set the Petitioner free. 1AB. Declare the order dated 02.02.2024 passed by PMLA Court in the said proceeding sending the Petitioner for remand is arbitrary and illegal.

b. Issue appropriate writ, order or direction to hold and declare the action of the respondents in issuing summons dated 7.8.23, 18.8.2023, 31.8.2023, 11.09.2023, 25.09.2023, 10.12.2023, 29.12.2023, 16.1.12024, 22.1.2024, 25.1.2024 in relation to ECIR/RNZO/25/2023 as grossly illegal, null and void and wholly without jurisdiction and to accordingly quash all action/consequential action taken in respect of the above summons in ECIR/RNZO/25/2023.

c. To further Hold and declare that the respondents have exceeded their jurisdiction under the provisions of Prevention of Money Laundering Act, 2002 and have exercised jurisdiction which is not vested to them in law and they are indulging in a vindictive and capricious and motivated action and indulging in roving and fishing enquiry which is impermissible under the provisions of PMLA.

d. To further hold and declare that the action of the respondents in issuing summons to the petitioner in ECIR/RNZO/25/2023 although relatable to and in relation to predicate offence being Sadar P.S. Case 272/23 in District Ranchi although the petitioner is not an accused in the above case nor are the questions and summons being served upon the petitioner is relatable to any Proceeds of Crime connecting the petitioner to the predicate offence and apparently the respondents are indulging in witch hunting in colorable exercise of power.

e. Issue a writ of mandamus or any other appropriate writ(s), order(s) or direction(s) in the nature of mandamus restraining the Respondents, their officers, employees, servants etc.to forbear from acting and from giving any or further effect to the summons dated 7.8.23, 18.8.2023, 31.8.2023, 11.09.2023, 25.09.2023, 10.12.2023, 29.12.2023, 16.1.12024, 22.1.2024, 25.1.2024 in relation to ECIR/RNZO/25/2023 by issuing further summons to the Petitioner in the nature of the summons impugned herein;

f. Issue an order directing the respondents not to issue any further summons to the petitioner in connection with ECIR/RNZO/25/2023 and stay the operation and execution of the summons and all consequential action taken/issued in F. No. ECIR/RNZO/25/2023. AA. Direct the immediate release of the Petitioner from illegal arrest and custody of the Respondent.

g. Issue rule nisi in terms of prayers (a) to (c) above;

h. Direction restraining the Respondent no.2 from giving any or further effect to or acting pursuant to or issuing any further summons or initiating any coercive steps against the Petitioner till the disposal of the present writ petition;

i. Interim and ad interim orders in terms