SOUVIK BHATTACHARYA Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) Leave granted.

(2.) This is one of the cases of non-application of mind by the Court, wherein the Special (CBI) Court no.1 (hereinafter referred to as the Special Court) though had not passed any order summoning the present appellant (accused No.10), on taking the cognizance of the offences under the Prevention of Money Laundering Act, 2002 (for short PMLA) vide order dtd. 7/12/2022, issued summons to the appellant in the Form prescribed under Sec. 61 CrPC. The appellant thereafter on his voluntarily surrendering before the said Court, had applied for bail, which came to be rejected by the Special Court vide the order dtd. 22/2/2023.

(3.) The said order having been challenged by the appellant before the High Court by filing CRM (SB) 164 of 2023, the same came to be dismissed by the High Court vide the impugned order dtd. 18/10/2023. Being aggrieved by the same, the appellant has approached this Court by way of present appeal.