JUDGMENT

RAJNISH BHATNAGAR, J.

1. The brief facts of the case are as follows :

a. On 27.11.2020, an FIR/RC was registered by the CBI ACB, Kolkata bearing No. RC0102020A0022 (“RC”) under Sections 120B and 409 of the Indian Penal Code, 1980 (“IPC”) and Sections 13(2) read with Section 13(1)(a) of the Prevention of Corruption Act, 1988 (“PC Act”). The primary allegations in the RC were that illegal excavation and theft of coal was taking place in the leasehold areas of Eastern Coalfield Ltd. (hereinafter referred to as “ECL”) by one Anup Majee @ Lala with active connivance of certain ECL employees.

b. On 28.11.2020, ECIR bearing No. 17/HIU/2020 (“ECIR”) was registered. Various Summons(es) were issued to Petitioners No.

1 and 2 by the Respondent in relation to the ECIR on several occasions seeking their appearance in New Delhi along with voluminous documents. Replies were furnished by the Petitioners to the said Summons(es) which have been annexed with the Writ Petition.

c. Summons dated 18.08.2021 was issued seeking personal appearance of Petitioner No. 1 on 06.09.2021. The Petitioner No. 1 in compliance of the Summons, joined investigation on 06.09.2021. After Petitioner No. 1 was examined by the respondent, summon dated 06.09.2021 was issued seeking his personal appearance on 08.09.2021. Reply dated 08.09.2021 was sent by Petitioner No. 1 stating that he had cooperated with the investigation conducted by the respondent and would continue to do so. Petitioner No. 1 further stated that he appeared before the respondent on 06.09.2021 and sought for four (4) weeks‟ time for the documents sought in the concerned summon. Petitioner No. 1 also requested that the investigation qua him be conducted in Kolkata or via video-conferencing as he is a permanent resident of Kolkata and the Respondent has a functional Zonal Office at Kolkata.

d. Summon dated 10.09.2021 (hereinafter referred to as the “Impugned Summons”) were issued seeking personal appearance of Petitioner No. 1. The Impugned Summons was served on Petitioner No. 1 on 11.09.2021. However, Petitioner submits that the news about the Summons having been issued to Petitioner No. 1 was put in public domain prior to the same being served to him. This, according to the Petitioner, shows the mala-fide intentions of the Respondent.

2. The Respondent, on the other hand, countered the factual assertions as under:

a. Upon receipt of reliable information about theft of coal and illegal excavation being done by criminal elements from the lease hold area of Eastern Coal Field Ltd. (ECL) in connivance with officials of ECL, CISF, Indian Railways and other concerned departments, joint inspection was carried by Vigilance Department and Task Force Officials on several lease hold areas of ECL from May, 2020 onwards. During this inspection, several evidences of extensive illegal mining and its transportation were found. A large number of vehicles/equipments used in illegal coal mining and its transportation were seized during these inspections. Seizure of stolen coal was made from several locations during these raids. Pursuant to these raids and seizure of stolen material etc., an FIR bearing no. RC0102020 A 0022 dated 27.11.2020 was registered by CBI, Kolkatta against Sh. Amit Kumar Dhar, the then General Manager, ECL and others for the offence under Section 120B/409 IPC and Sec 13 (2) r/w Sec 13 (1) (d) of PC Act, 1988. Based on the said FIR and to probe the money laundering in India as well as internationally (since the ill gotten money/proceeds of crime have been routed to various places through non banking channels), the present ECIR was recorded by answering Respondent/ED.

b. Upon detailed investigation by ED, it was found out that the present case involves money laundering to the tune of Rs. 1300 Crores. One of the accused persons Vikas Mishra was arrested on 16.03.2021 and another accused Inspector Ashok Mishra of Bankura Police Station was arrested on 03.04.2021, who had become part of illegal coa