ANANDRAO VITHOBA ADSUL Vs. ENFORCEMENT DIRECTORATE

JUDGEMENT

(1.) The Petitioner has approached this Court by filing this writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure seeking various reliefs. These are-direction to Respondent no.1 to provide copies of the ECIRs; for quashing ECIRs; for quashing the summons issued to the Petitioner; restrain Respondent no.1 from issuing further summons, and for not taking any coercive action pursuant to the ECIRs. The Petitioner has prayed for interim relief that no coercive steps be taken against the Petitioner.

(2.) The Petitioner has been a member of Lok Sabha from Amaravati Constituency and Union Minister for the State Finance. Respondent No.1 is the Enforcement Directorate authorized under the Prevention of Money Laundering Act, 2002 (PMLA). Respondent No.2 in the State of Maharashtra.

(3.) The Petitioner filed FIR at N.M.Joshi Marg Police Station, Mumbai (later EOW 14/2014) on 18 June 2020 under sections 409, 420 and 120-B of Indian Penal Code. The FIR was filed in respect of irregularities in the loan disbursement by the City Co-operative Bank. On 9 February 2021, Respondent No.1- Enforcement Directorate issued a summons to the Petitioner concerning ECIR MBZO-I/02/2021. The summons was issued under section 50 of PMLA calling upon the Petitioner to appear in person or through an authorized representative on 9 February 2021. The Petitioner did not attend pursuant to this summons. Another summons was issued by Respondent No.1 on 18 March 2021 under section 50 of PMLA, calling upon the Petitioner to appear in person on 25 March 2021. The Petitioner did not appear before the Enforcement Directorate and sent a communication to the Respondent No.1 stating that the Petitioner cannot attend as the Petitioner has filed a writ petition in this Court against one Navneet Kaur Rana (Member of Parliament), and the proceedings are going on. On 27 September 2021, the Respondent-Enforcement issued another summons under section 50 of PMLA, calling the Petitioner to appear in person on 27 September 2021. The Petitioner did not attend pursuant to the summons. The Petitioner was admitted to a private hospital at Borivali, Mumbai, on 27 September 2021, complaining of high blood pressure. In this fact situation, the present petition was filed on 29 September 2021.