DIRECTORATE OF ENFORCEMENT Vs. ZORAMTHARI

JUDGEMENT

(1.) The instant two intra-Court writ appeals involve identical questions of facts and law and hence, the same are being decided together by this common order.

(2.) The respondent Nos.1/writ petitioners, Smt. Zoramthari, proprietor of M/s Thari Enterprise, and Shri Lalrinhlua, Proprietor of M/s LRH Enterprise filed criminal writ petitions in the Aizawl Bench of this Court being WP(Crl.) No. 2/2022 and WP(Crl.) No.3/2022 respectively in order to challenge freezing of 4(four) Bank Accounts belonging to Smt. Zoramthari [writ petitioner in WP(Crl.) No.2/2022] and one Bank Account belonging to Shri Lalrinhlua [writ petitioner WP(Crl.) No.3/2022].

(3.) FIR No.216/2021 dtd. 14/12/2021 was registered by the Enforcement Directorate (ED) against one M/s Nayla Family Exports Private Limited and others with the allegation of illegal smuggling of human hair. During the course of investigation, the Enforcement Directorate conducted search in offices and residences of various persons in Hyderabad and Mizoram including the respondent/writ petitioners and certain documents including property papers, mobile phones, laptop and Indian currency worth Rs.26.00 lakhs were seized. The ED issued orders dtd. 9/2/2022 and 10/2/2022 under Sec. 17(1) of the Prevention of Money Laundering Act, 2002 (in short, the Act of 2002) for freezing various Bank Accounts of numerous persons including those of the respondents/writ petitioners. On 7/3/2022, the ED proceeded to file Original Application (O.A.) No.644/2022 under Sec. 17(4) of the Act of 2002 before the adjudicating authority requesting for retention of the property seized and for continuation of the freezing of the Bank Accounts concerned. In the O.A., the ED gave out details of 143 Bank Accounts which had been frozen by it in pursuance to the orders issued on 9/2/2022 and 10/2/2022. The respondents/writ petitioners were arrayed as defendants in the O.A. Few of their Bank Accounts also figured in the list of 143 Bank Accounts annexed with the O.A. However, 4(four) Bank Accounts of the writ petitioner in WP(Crl.) No.2/2022, Smt. Zoramthari [Writ Appeal No.311/ 2023] and one Bank Account of the writ petitioner in WP(Crl) No.3/2022, Lalrinhlua [Writ Appeal No.314/2023] were not included in the list filed along with the O.A. Nonetheless, the Banks concerned were not permitting operation of these Accounts.