2025:CGHC:3612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ORDER RESERVED ON 13.12.2024 ORDER DELIVERED ON 21.01.2025 MCRC No. 6676 of 2024

1 - Manoj Kumar Soni S/o Sh. Narayan Prasad Soni Aged About 52 Years R/o 48, Khushi Watika, Amlidih, Raipur, Chhattisgarh - 492006 ... Applicant versus

1 - Directorate Of Enforcement, Through Assistant Director, E.D., Raipur Zonal Office, Raipur, District- Raipur, C.G.

... Respondent(s)

For Applicant : Shri Akshat Gupta, Advocate For Respondent : Dr. Saurabh Kumar Pandey, Advocate (HON’BLE SHRI JUSTICE ARVIND KUMAR VERMA)

C A V ORDER

The applicant has come up before this Court under Section 483 of the Bhartiya Nagrik Suraksha Sanhita [BNSS] 2023 read with Section 45 of the PMLA on behalf of the applicant originating from Case File bearing No. ECIR/RPZO/04/2023 dated 14.10.2023 registered with Enforcement Directorate Office [ED] for the offence punishable under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002.

FACTUAL ASPECTS

2. Facts of the case as revealed against the applicant is that he was an ITS Officer of 1995 batch and was on deputation in the State of Chhattisgarh since 16.06.2014 as the Special Secretary in the Secretariat, Govt. of CG. Earlier the applicant was serving as Special Secretary of Food, Civil Supplies and Consumer protection Department for the State of Chhattisgarh and was assigned the additional charge of Managing Director of the CG State Cooperative Marketing Federation Limited (MARKFED) on 20.10.2022 and on 04.06.2023, he was given another additional charge as MD of Chhattisgarh State Civil Supplies Corporation. The details of his arrest are as follows:

(i) The applicant was arrested on 30.04.2024 in the subject ECIR without necessary sanction from the concerned government authority. Thereafter the applicant was remanded to police custody of the ED till 04.05.2024 and again was in custody from 10.05.2024 and 15.05.2024. thereafter the applicant was remanded to judicial custody time and again and is now incarcerated in judicial custody at Raipur Central Jail. (ii) The applicant has the following criminal cases pending against him:

1. Income Tax Prosecution Complaint dated 21.08.2023 in the alleged scheduled offence under Section 277 of the Income Tax Act and Sections 181,191,193,417 and 418 of IPC.

2. ECIR/RPZO/04/2023 dated 14.10.2023 in the subject ECIR under Section 3 read with 4 of the PMLA

3. FIR No. 01/2024 dated 16.01.2024 at police station ACB/EOW, Raipur under ?Sections 120-B and 409 IPC and Section 13(2)/11 of the PC Act, 2018.

(iii) On 18.07.2023, on search being carried out by the officials of the Income Tax Department at various premises including the residential premises of the applicant in terms of Section 132 of the IT Act, cash of Rs. 1,05,000/- was found and certain jewellery and 3 gold coins worth Rs. 1,81,500/- was seized apart from certain documents and digital devices. On 21.08.2023, the Income Tax Department filed a complaint case interalia arraigning the applicant and seven other persons as accused for the alleged commission of the offences under Section 277 of the IT Act and Sections 181, 191,193,196, 200, 383, 384, 415, 417, 418, 420/34 and 120-B of IPC.

(iv) the applicant was neither given an assessment proceedings initiated against him nor had issued any show cause notice. There is allegation of cheating and extortion in the IT complaint against the applicant. On

14.10.2023, the ED had registered the subject ECIR based on the scheduled offences. On 20.10.2023, the ED had carried out search under Section 17 of the PMLA in his residential premises and on finding the house locked, it was sealed and summons was affixed outside his resident. Thereafter summons under Section 50 of the PMLA directing his personal appearance on 20.10.2023 was issued and sent to the office of the Chief Secretary, Govt. of CG. Thereafter the ED issued repeated summons to the applicant for his appearance. On 4.11.2023, the applicant filed certain obj