ASHISH MITTAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By way of the present petition filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure 1973 (Cr.P.C.), the petitioner/Ashish Mittal, seeks a direction quashing ECIR bearing No. ECIR/DLZO-I/04/2020 registered by the respondents/Directorate of Enforcement (ED) on 4/3/2020. By way of the accompanying application bearing Crl. M.A. No. 22727/2023 filed under Sec. 482 Cr.P.C. the petitioner seeks "Stay of the entire proceedings emanating from the ECIR bearing No. ECIR/DLZO-I/04/2020 and now being investigated.. " by the ED; and a further direction that the ED be directed not to take any coercive steps against the petitioner curtailing his personal liberty. Brief Background

(2.) The immediate provocation for the petitioner to approach the court is summons dtd. 18/8/2023 issued to him by the Assistant Director, Directorate of Enforcement, Chandigarh under Sec. 50(2) and (3) of the Prevention of Money Laundering Act, 2002 (PMLA), requiring the petitioner to appear before the ED on 21/8/2023.

(3.) The petitioner states in the petition that he "..has a strong apprehension that he will be illegally detained/arrested by the Respondents and he will be made a scapegoat in order to protect the interest of the main promoters/alleged main beneficiaries of the company .".[1] [1] cf. para 5 of the writ petition