IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(Cr.) No.652 of 2025 ------

Amit Agarwal @ Vicky Bhalotia, S/o R.L. Agarwal, aged 40 years, R/O Ram Tekri Road, PO & PS Jugsalai, Ward No.11, Jamshedpur, District East Singhbhum, Jharkhand …. …. Petitioner Versus

1. Union of India, its Secretary Department of Revenue, Ministry of Finance, North Block, New Delhi-110001.

2. Directorate of Enforcement, Through Deputy Director, Ranchi Zonal Office at Plot No.1502/B, Airport Road, Hinoo, Ranchi, Jharkhand-834002

3. Present Single Member of Adjudicating Authority (under the Prevention of Money Laundering Act, 2002), Room No.26, 4^th Floor, Jeevan Deep Building, Parliament Street, New Delhi through its Registrar/Administrative Officer, PIN-110001 .... .... Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD ------

For the Petitioner : Mr. Shailesh Poddar, Advocate For the E.D. : Mr. Zoheb Hossain, Advocate Mr. Amit Kumar Das, Advocate Mr. Saurav Kumar, Advocate Mr. Varun Girdhar, Advocate Mr. Kartik Sabharwal, Advocate ------

04/Dated: 10.12.2025

1. The instant writ petition has been filed under Article 226 of the Constitution of India seeking therein for the following reliefs: -

a) Issue an appropriate Writ/order/direction inter alia directing the Respondent No.1 to constitute the ‘Adjudicating Authority’ under PMLA strictly in terms of the mandate of Section 6 thereof read with Prevention of Money-laundering (Appointment and conditions of Service of Chairperson and members of Adjudicating Authorities) Rules, 2017 and Adjudicating Authority (Procedure) Regulations, 2013;

b) Issue a writ of certiorari against the Show Cause Notice dated 19.06.2025, holding the same to be illegal and ultra vires as the same was passed without a coram under section 6(2) of the Prevention of Money Laundering Act, 2002 (‘PMLA’);

c) Issue a Writ of declaration that any proceedings by the Adjudicating Authority without a proper coram under Section 6(2) of Prevention of Money Laundering Act, 2002 (‘PMLA’) be declared illegal, ultra vires, unconstitutional, arbitrary and hold that a single member that too from outside the ‘field of law’ cannot be construed to constitute ‘Adjudicating Authority’ as contemplated under Section 2(1)(a) read with Section 6(2) thereof and such single member under no circumstances can act as its ‘Chairperson’;

d) Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted, together with the cost of this petition.”

2. The matter was heard by the Coordinate Bench of this Court on

25.09.2025. The Coordinate Bench has directed the Enforcement Directorate to file counter affidavit within four weeks. Counter affidavit has already been filed and reply thereto, has also been filed.

3. The matter was listed on Board on 03.12.2025 but on that date, simplicitor adjournment was sought for on the ground of non- availability of Mr. Shailesh Poddar, learned counsel on record that he was engaged in the rituals after solemnization of marriage which has been solemnized on 29.11.2025.

4. This Court has made specific observation at paragraph-8 that since pleading is complete, as such, the matter will also be heard on merit for final adjudication of the issue and posted the matter for today, i.e., on 10.12.2025.

5. When the matter has been taken up today, Mr. Shailesh Poddar, learned counsel for the petitioner has submitted that he does not intend to press this writ petition.

6. Initially, the prayer has been made to withdraw this writ petition simplicitor but on serious objection made on behalf of the respondent-E.D. that heavy cost be imposed upon the petitioner in misusing the proceeding by filing writ petition under Article 226 of the Constitution of India that too, the interim order has also been passed on 25.09.2025 to the effect that adjudicating authority will not pass any final order in O.A. No.155 of 2025 till the next date.

7. It has been submitted that the adjudicating authority has been kept at hold by virtu