##PAGE1##

OD Nos. 3 to 11, 21, 22 and 24 to 30.

IN THE HIGH COURT AT CALCUTTA

SPECIAL JURISDICTION

ORIGINAL SIDE

APML/4/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

SHRI ANANT RAJ KANORIA

APMLT/12/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS INDIA POWER CORPORATION PRIVATE LIMITED

APMLT/13/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS ADISHAKTI COMMERCIAL PRIVATE LIMITED

APMLT/14/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

NITIN CHATTERJEE

APMLT/15/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS BHARAT ROAD NETWORK PRIVATE LIMITED

##PAGE2##

2

APMLT/16/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS TRINITY ALTERNATIVE INVESTMENT MANAGERS LIMITED

APMLT/17/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

RAGHAV RAJ KANORIA

APMLT/18/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

SATISH CHANDRA SAXENA

APMLT/19/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

SUJIT KANORIA

APMLT/29/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

SUNIL KANORIA

APMLT/30/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

SHILPA MODI

APMLT/32/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS NURIT PROPERTIES PRIVATE LIMITED

##PAGE3##

3

APMLT/33/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS ADISRI COMMERCIAL PRIVATE LIMITED

APMLT/34/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS AKSARA COMMERCIAL PRIVATE LIMITED

APMLT/35/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

HARI PRASAD KANORIA

APMLT/36/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

MS SAHAJ RETAIL LIMITED

APMLT/37/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

BAJRANG CHOUDHARY

APMLT/38/2025

IA NO: GA/1/2025

THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT

VS

HEMANT KANORIA

##PAGE4##

4

BEFORE:

The Hon'ble JUSTICE RAJARSHI BHARADWAJ

-AND-

The Hon’ble JUSTICE UDAY KUMAR

Date: 24th December, 2025.

Appearance:

Mr. Arijit Chakraborti, Adv.

Mr. Debsoumya Basak, Adv.

Ms. Swati Kumari Singh, Adv.

. . .for the appellant.

The Court: We have heard learned advocate for the appellant.

The appeal is admitted on the following questions of law for consideration.

“A. Whether the Ld. Appellate Tribunal erred in law by releasing the

seized material when such material is crucial in tracing out the

“proceeds of crime” within the meaning of Section 2(1)(u) of PMLA,

2002 ?

B. Whether the release of the seized documents and materials by the

Ld. Appellate Tribunal is sustainable while predicate offence had

been prima facie established against the Respondent ?

C. Whether the Ld. Appellate Tribunal has mechanically directed

release of all seized documents and electronic devices solely on the

ground that 365 days have elapsed and that a Closure Report was

filed in the predicate case, without examining the detailed and

reasoned Order dated 03.06.2024 passed by the Ld. Adjudicating

Authority under Section 8(3) of PMLA, 2002 and by doing so, the Ld.

Appellate Tribunal has in effect nullified a duly confirmed order of

retention without dealing with its reasoning, thereby defeating the

##PAGE5##

5

statutory mechanism for securing and preserving proceeds of crime

and evidence under PMLA ?

D. Whether the finding of the Ld. Appellate Tribunal on the premise

that the PMLA case “cannot exist” once a Closure Report is filed and

accepted in the scheduled offence, ignoring that the Closure Report

dated 20.02.2024 in FIR No.220/2021 and the dated 24.10.2024

passed by the Ld. Additional Civil Judge (Junior Division), 10th New

Court/Judicial Magistrate, Jaunpuraccepting it are under challenge

before the Hon’ble Supreme Court in SLP (Crl.) No.5453/2024, is

legally sustainable in law ?

E. Whether the Ld. Appellate Tribunal erred in law by directing

release of documents and materials, as seized vide Panchnama dated

31.01.2023 under Section

Click Here to Read the rest of this document