MANOJ KUMAR PUNAMIYA Vs. DIRECTOR OF ENFORCEMENT

JUDGEMENT

(1.) A complaint was lodged before the court of Vigilance Judge-cum-1st Additional Judicial Commissioner, Ranchi against the then Chief Minister and the Ministers as well as some other accused persons alleging therein about the commission of the offences under Sections 409, 420, 423, 424, 465 and 120(B) of the Indian Penal Code and also under Sections 7, 10, 11 and 13 of the Prevention of Corruption Act.

(2.) Learned Vigilance Judge on receiving the said complaint, forwarded it to the Vigilance Department, Ranchi for its institution and investigation. Thereupon, vigilance case was registered against the accused persons named in the complaint petition. Subsequently, on the basis of the allegations made in the vigilance case, Enforcement Directorate lodged Enforcement Case Information Report (ECIR) against Madhu Koda and other Ministers and also some other accused persons alleging therein that there has been reasons to believe from the fact disclosed in the vigilance case that the accused persons by hatching criminal conspiracy have acquired huge assets both in India and outside India by indulging themselves in criminal act under the Indian Penal Code and also under the Prevention of Corruption Act and as such, prima facie, materials are there to form an opinion that the offence of Money Laundering has been committed which is punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the Act').

(3.) In course of investigation, Assistant Director, Directorate of Enforcement, respondent No. 2, issued a summon to this petitioner on 10.11.2009 directing the petitioner to appear before the Directorate on 18.11.2009 along with the documents mentioned therein. Pursuant to the notice, the petitioner immediately replied with and also sent the documents. Thereafter the respondent No. 2 again issued summons on 30.11.2009 directing the petitioner to be present and to produce documents. Again the petitioner responded immediately and sent a reply annexing therewith all the documents which were required. Subsequently, the petitioner was surprised to know that warrant of arrest has been ordered to be issued against him by the 1st Additional Judicial Commissioner, Ranchi on an application filed by the Investigating Agency to the effect that sufficient evidence has been collected showing the involvement of the petitioner and others of commission of the offence under the prevention of Money Laundering Act with further averment that he was summoned for more than one occasions for making statement but he avoided, though he was required for the purpose of recording the statement as well as for the purpose of locating trail of proceeds of crime.