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2026 Supreme(Online)(Ker) 13601

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SUMA ANILKUMAR – Appellant
Versus
THE ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT – Respondent
CRL.MC NO. 1090 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.N.K.SHYJU, SRI.GIREESH PANKAJAKSHAN, SHRI.VISHNU MOHAN, SMT.MARTEENA MILAN P.J.
For the Respondents: SC-SRI.JAISHANKAR V. NAIR, SR.PP.SRI.C.S.HRITHWIK

The order demanding a deposit from a non-accused without legal basis is unsustainable.

Headnote:In this case, the petitioner challenges an order by the enforcement directorate requiring her to deposit an amount without being an accused or provided statutory basis. Key facts demonstrated no justification for the directive was established. The court ruled the order unsustainable in law, quashing it but leaving remedies open for the respondent. The final order established the directive's illegitimacy under the law.

Table of Content
1. petitioner required to deposit without just cause. (Para 1 , 2)
2. court finds directive unsustainable and quashes it. (Para 3 , 5)
3. 1st respondent's directive based on investigation. (Para 4)

ORDER

The petitioner has been served with Annexure I letter by the 1st respondent directing her to deposit Rs. 3,00,000/- in fixed deposit in her name and handover the original fixed deposit receipt to the 1st respondent by

27.01.2026.

2. The petitioner has stated in the Criminal Miscellaneous Case that the above action is illegal and unreasonable. The petitioner is not an accused in the crime and there is no reason mentioned in Annexure I letter for the petitioner to deposit the above amount.

Therefore, Annexure I letter may be quashed.

3. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st respondent.

4. The learned Standing Counsel appearing for the 1st respondent submits that, in the investigation conducted by the 1st respondent in ECIR/KCZO/07/2025/266, it is prima facie revealed that the proceeds in Crime No. 119/2025, registered by the Muvattupuzha Police Station have reached the hands of the petitioner. During the questioning of the petitioner, she agreed to deposit the above said amount in fixed deposit and hand over the original fixed deposit. It was on the basis of the above undertaking that Annexure I letter was issued to the petitioner.

5. Admittedly there is no reason or statutory provision mentioned in Annexure I letter for the petitioner to deposit the above amount in fixed deposit and to hand over the fixed deposit receipt to the 1st respondent. The petitioner is also not an accused in the crime. Thus, I am of the view that Annexure I letter is unsustainable in law.

In the aforesaid circumstances, I quash Annexure I letter, but without prejudice to the right of the 1st respondent to work out their remedies in accordance with law.

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