ANUBRATA MONDAL Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Indisputably, the petitioner was arrested in connection with E.C.I.R. No.-KLZO/41/2020 under Ss. 3 and 4 of the Prevention of Money Laundering Act (PMLA) corresponding to CT Case No.13/2022 pending before the learned Special Judge (PC Act) (CBI)-18, Rouse Avenue Districts Court, New Delhi by the Enforcement Directorate on 17/11/2022. It is also not in dispute that the petitioner is under judicial custody from before in connection with a CBI case and detained in Asansol District Correctional Home.

(2.) Immediately after arrest, the petitioner filed a writ petition before the High Court at Delhi bearing No.WP(Crl.)No.2790 of 2022 challenging the jurisdiction of the Trial Court and also the authority of the Head Investigation Unit (HIU), Enforcement Directorate to investigate into the matter. The said writ petition is still pending in the High Court at Delhi.

(3.) It is contended on behalf of the petitioner that on 22/11/2022 when the afore-mentioned writ petition came up for hearing before the concerned Bench, the learned Special Public Prosecutor, Enforcement Directorate submitted orally that ED would not be proceeding with the production of the petitioner before the Trial Court. Subsequently the said writ petition was listed on several dates and on most of the dates the opposite party took adjournment of hearing of the said writ petition. On 15/12/2022, the High Court of Delhi passed the following order:-