Y.SHIVA REDDY Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By the present petition filed under Articles 226 and 227 of the Constitution of India read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks a declaration that his arrest by the respondent no.1 ("ED") on 13/8/2025 is illegal and violates his fundamental rights guaranteed under Articles 14, 19, 21 and 22 of the Constitution of India. The petitioner further prays for quashing and setting aside the orders dtd. 14/8/2025, 20/8/2025 and all other orders passed in Remand Application No.1136 of 2025 by the learned Additional Sessions Judge (PMLA) and for a direction for his release from custody.

(2.) The petitioner joined the Vasai-Virar City Municipal Corporation ("VVCMC") as a Deputy Director, Town Planning on 13/8/2010. Between 2019 and 2023, the following four First Information Reports ("FIR") were registered at the Tulinj police station and Achole police station:

(3.) The allegations in these FIRs pertain to illegal construction of 41 buildings by developers using upon forged permissions and fabricated documents on lands that were reserved for a sewage treatment plant and dumping ground. By an order dtd. 8/7/2024 in Writ Petition No.15853 of 2022, this Court directed demolition of 41 illegal buildings. The demolitions were carried on 20/2/2025, affecting approximately 2,500 families. On the very next day, i.e., 21/2/2025, an Enforcement Case Information Report vide ECIR/MBZO-II/10/2025 was registered by the ED on the basis of the FIRs bearing nos.1348/2019, 195/2022 and 69/2023 concerning the illegal constructions and matters connected therewith.