IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Before:

The Hon’ble Justice Om Narayan Rai WPA 29001 of 2024 Bulti Hossain Vs.

Union of India & Anr.

For the Petitioner : Mr. Apalak Basu Mr. Nazir Ahmed Ms. Sanghamitra Mridha ..……….Advocates For the Enforcement : Mr. Vipul Kundalia, Sr. Adv.

Directorate Mr. Anindya Kanan Mr. Dhirodatto Chaudhuri ………..Advocates Heard on : 11.04.2025 Judgment on : 25.04.2025 Om Narayan Rai, J.:-

1. The instant writ petition has been filed assailing notice captioned “Eviction Notice” dated November 19, 2024 issued by the Deputy Director, Directorate of Enforcement under Rule 5(2) of the Money Laundering (Taking Possession of Attached or Frozen Properties Confirmed by The Adjudicating Authority) Rules, 2013 (hereafter the “Rules”). The said notice also indicates that it is for taking possession of certain properties mentioned therein under Section

8(4) of the Prevention of Money Laundering Act, 2002 (hereafter “PMLA”). By the said notice the petitioner has been directed to vacate the premises mentioned therein within a period of ten days and hand over possession thereof to the issuer of the notice.

A brief factual recount of the case run in the writ petition:

2. One Mr. Firoj Hossain (the petitioner’s husband) was a Director of M/s.

Bharat Krishi Samridhi Industries Limited (hereafter “the said company”). A complaint had been lodged against the said company by one Sk. Mohammad Aziz in Arambagh Police Station alleging that the said company had induced the complainant to become it's agent and that the complainant had while working as such agent collected a sum of Rs. 1,00,000/- (Rupees One Lakh) from local people and deposited the same in the said company giving such people (from whom money had been collected) to understand that they would get in return from the company double the amount deposited. It was also alleged in the said complaint that the said company had cheated the complainant and the depositors and had misappropriated the invested amount. On the basis of such complaint Arambagh Police Station Case No.243/2013 dated April 20, 2013 was registered against the said company under Sections 420 and 406 of the Indian Penal Code, 1860.

3. Subsequently the Central Bureau of Investigation (hereafter “CBI”), EO-IV, Kolkata took over the investigation in the said Arambagh Police Station Case No.243/2013 in compliance with an order dated May 9, 2014 passed by the Hon'ble Supreme Court of India in Writ Petition (C) No. 401 of 2013 (Subrato Chatoraj v. Union of India & Ors.).

4. CBI registered FIR No. RC2252017E0002 dated September 24, 2018 against the said company and others upon clubbing two other First Information Reports therewith.

5. On the basis of the aforesaid FIR registered by the CBI, the Kolkata Zonal Office - I of the Enforcement Directorate registered a complaint being ECIR/KLZO-1/18/2021 on March 31, 2021.

6. On or about February 6, 2020, the Enforcement Directorate also filed an application under Section 17(4) of the PMLA inter alia praying for retention of records/properties seized on January 10, 2020. The said application was allowed by the adjudicating authority by its order dated November 12, 2020.

7. Subsequently, on the aforesaid complaint being ECIR/KLZO-1/18/2021, the Deputy Director of Enforcement Directorate passed a Provisional Attachment Order being PAO No. 03/2022 on February 18, 2022.

8. Thereafter, the Enforcement Directorate filed a complaint under Section 5(5)

of the PMLA before the Adjudicating Authority. The same was registered as OC No. 1658 of 2022. In the said proceeding being OC No. 1658 of 2022 both the petitioner and her husband had been arraigned.

9. On or about April 1, 2022 a notice under Section 8 of the PMLA was issued to the petitioner to which the petitioner replied on May 14, 2022.

10. Ultimately, the provisional order of attachment being PAO No.03/2022 passed by the Deputy Director of Enforcement Directoratein ECIR No. KLZO/18/2021 was confir