ENFORCEMENT DIRECTORATE Vs. GAUTAM KUNDU

JUDGEMENT

(1.) Heard Mr. R. Dhar, learned counsel for the petitioner, Enforcement Directorate, Department of Revenue, Govt. of India represented by the Assistant Director, Guwahati Zonal Office, who has filed an application under Sec. 397/401 read with 482 of the Code of Criminal Procedure, 1973 as amended up to date (Cr.P.C for short) against the order dtd. 20/4/2022 passed by learned Special Judge, Assam, Guwahati in Special (PMLA) Case No. 18/2018 in F. No. ECIR/GWZO/03/2014 rejecting the petition No. 363/2022 and prayer of the petitioner, seeking permission to enter into the jail premises along with the Laptop and other documents to interrogate and record statements of Shri Gautam Kundu and Shri Shibamoy Dutta who are arrayed as respondent nos. 1 and 2 in connection with this case.

(2.) The order dtd. 20/4/2022, reflects that the Assistant Director of ED, (Niraj Kr. Singh) vide petition no. 363/2022 dtd. 10/3/2022 had prayed for interrogation of the respondents lodged in the Presidency Correctional Home, Kolkata, in pursuance of the investigation of the aforementioned case. The defence had raised objection stating that the case was already been fixed for evidence and the intention of the I/O to interrogate in furtherance of investigation could not be accepted.

(3.) On the contrary, the learned Special P.P. for the E.D had submitted that the prosecution had a prayer for filing additional/supplementary complaint and during the course of further investigation, some properties have been identified by the I/O, which are proceeds of the crime. It was held by the trial Court that on 12/7/2018, the ED had filed a complaint against the accused persons/respondents and therefore, cognizance was taken under Sec. 4 of the Prevention of Money Laundering Act, 2002, (PMLA for short). On 29/12/2021, a formal charge was framed and this case was posted for evidence. As trial had already commenced, petition with prayer for further investigation was rejected by the learned trial Court.