LAWS(GAU)-2019-12-22

JAYANTA BARUAH Vs. UNION OF INDIA

Decided On December 20, 2019
JAYANTA BARUAH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) learned Senior counsel assisted by Mr. P.N. Goswami, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned Standing counsel, Enforcement Directorate appearing for respondent nos. 1, 4, 5 and 6 and Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for respondent nos. 2 and 3.

(2.) The subject-matter under challenge in this writ petition is a summons issued under the hand of the respondent no. 6 on 16.12.2019 which is stated to be issued in exercise of powers conferred upon him under sub-section (2) and (3) of Section 50 of the Prevention of Money Laundering Act, 2002 ("the PMLA Act", in short). By the said summons, the petitioner has been directed to appear in the office of the respondent no. 6 located at CGO Complex, 3rd MSO Building, 6th floor, DF block, Salt Lake, Kolkata-700064 at 11-30 a.m. on 23.12.2019.

(3.) Before dilating on the grounds urged as regards issuance of the summons dated 16.12.2019, it is appropriate to refer to certain events that occurred prior to 16.12.2019. The petitioner was earlier served with a notice under Section 160, CrPC on 12.12.2019 by the proforma respondent no. 10 directing his appearance before the proforma respondent no. 10 at 02-30 p.m. on 13.12.2019 in his office located at CGO Complex, DF Block, Sector-1, Salt Lake, Kolkata-700064. Subsequent to the said notice dated 12.12.2019, the petitioner was again served with a notice under Section 160, CrPC by the proforma respondent no. 10 on 14.12.2019 asking for his appearance before him at 02-00 p.m. on 15.12.2019.