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2026 Supreme(Online)(Cal) 441

CALCUTTA HIGH COURT
Ajay Kumar Gupta, J
Enforcement Directorate through D.N. Poddar, Deputy Director – Appellant
Versus
Papia Rozario & Anr. – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Debjani Roy, Adv.
For the Respondents: Mr. Manjit Singha, Adv., Mr. Arkaprabho Roy, Adv., Mr. S.B. Mal, Adv., Mr. S. Pattanayak, Adv.

Ajay Kumar Gupta, J.:

1. The instant Criminal Revisional application has been preferred by the Enforcement Directorate through its Deputy Director under Sections 397 , 401 & 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) read with Section 47 of the Prevention of Money Laundering Act, 2002 (in short ‘PMLA’), challenging the correctness, legality and propriety of the order dated 15.12.2017 passed by the Learned Special (CBI) Court No. 1, Calcutta and Special Court of PMLA, Calcutta in ML Case No. 02 of 2013 (Enforcement Directorate through Sh. D.N. Poddar, Deputy Director Vs. Papiya Rozario & Anr.).

2. By the said order, the Learned Special Court discharged the accused persons, namely, Papiya Rozario and Stanley Indrajit Rozario, from the case directing return of the articles confiscated and seized from them upon allowing their petition under Section 227 of the Code.

FACTS OF THE CASE:

3. The brief facts, essential for the purpose of disposal of this case, are as follows:-

a. One Gangaram Kariwal filed a complaint under Section 156(3) of Cr.P.C. before the Learned Additional Chief Metropolitan Magistrate, Kolkata, alleging commission of the offence of fraud, cheating and

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