GAHC010094452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2430/2025 NIRAJ SHARMA S/O LATE TEK CHAND SHARMA, R/O 611-B, BEVERLY PARK-1, NEAR M.G.

ROAD METRO STATION, M.G. ROAD, SIKANDER GHOSI (68), GURGAON, HARYANA-122002 VERSUS UNION OF INDIA AND ANR THROUGH ITS SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI

2:THE DIRECTORATE OF ENFORCEMENT THROUGH ITS DEPUTY DIRECTOR GUWAHATI ZONAL OFFICE-I

6TH FLOOR MAINAAK TOWER SHREE NAGAR CHRISTIAN BASTI GUWAHATI KAMRUP METRO ASSAM-78100 Advocate for the Petitioner : MR. S I TALUKDAR, B SARMA,MR S J SAIKIA,MR P BARUAH,MR. S P SHARMA,J A SIKDAR Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

14.05.2025

1. Heard Dr. A. Saraf, learned Senior Counsel assisted by Mr. B. Sarmah, learned counsel for the petitioner. Also heard Mr. R. K. Deb Choudhury, learned ASGI, representing the Enforcement Directorate i.e. respondent Nos. 1 and 2.

2. The present writ petition is filed for quashment of ECIR bearing No.

ECIR/GWZO-I/27/2024 dated 17.10.2024 and the consequent proceedings under Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA).

3. The fundament ground of challenge is that though the ECIR lodged by the respondent No. 2 is based on an FIR dated 05.05.2024 registered as Demow PS Case No. 0013 under Sections 379/420/34 of IPC read with Section 53A-1 of the Assam Excise Act, 1910 and though the accused named therein, had already been discharged by a competent trial Court under its order dated 22.01.2025 from the charges of offences under Sections 379/420/34 of IPC, however, the impugned process/enquiry has been initiated by the Enforcement Directorate on 17.10.2024 without there being any pending inquiry/investigation/trial of the scheduled offence under Sections 420 IPC.

4. Mr. Deb Choudhury, learned ASGI submits that the Enforcement Directorate is not powerless to independently initiate a proceeding without any scheduled offence being registered, if sufficient materials are collected. Mr. Deb Choudhury, learned ASGI further contends that the ground taken by the petitioner can very well be agitated before the adjudicating authority inasmuch as the PMLA is a complete Code.

5. Mr. Deb Choudhury, learned ASGI further submits that he may be granted further time to complete his instruction and to file his affidavit clarifying the stand of the Enforcement Directorate as well as to deal with the argument of absence of schedule offence and the jurisdiction of the Enforcement Directorate to proceed.

6. Accordingly, let the Enforcement Directorate file an affidavit by 23.05.2025.

Petitioner shall thereafter, file a reply by 30.05.2025 and list these matters in motion column again on 03.06.2025.

7. Considering the nature of grievance raised by the petitioner, it is provided that, till next date, no coercive action shall be taken against the petitioner.

8. While listing this matter, the name of Mr. R. K. Deb Choudhury, learned ASGI, representing the Enforcement Directorate be reflected in the cause list as the counsel for the respondent.

JUDGE Comparing Assistant