ANWAR DHEBAR Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Heard finally.

(2.) This petition has been preferred by the petitioner under Sec. 528 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) to quash and set aside the impugned order dtd. 22/10/2024 (Annexure P-1) passed by the learned Special Judge (PMLA) & 4th Additional Sessions Judge, Raipur (C.G.) in ECIR/RPZO/04/2024 dtd. 11/4/2024, wherein it has allowed the transfer of the petitioner from Central Jail, Raipur at District Raipur (C.G.) to the Central Jail, Ambikapur, District Surguja (C.G.) in light of the application dtd. 18/10/2024 filed by the Jail Superintendent, Central Jail, Raipur (C.G.).

(3.) Brief facts of this case are that the petitioner is a businessman. Respondent No. 1 is the Directorate of Enforcement which has registered the ECIR 04 and Respondent No. 2, i.e., Jail Superintendent, Central Jail at Raipur is the concerned jail authority who had moved an application dtd. 18/10/2024 to transfer of Petitioner from the Central Jail Raipur, District- Raipur C.G. to the Central Jail, Abmikapur, District Surguja (C.G.). The Jail Authority is 'State' as per the definition under Art. 12 of the Constitution of India and thus falls under the aegis of the State of Chhattisgarh, henceforth in light of the application dtd. 18/10/2024 moved by Jail Superintendent at Central Jail, Raipur taking note of which the learned Special Judge (PMLA) has passed the impugned order. Hence, this petition.