Delhi High Court - Orders
Moloy Ghatak vs Directorate Of Enforcement on 5 September, 2023
Author: Dinesh Kumar Sharma
Bench: Dinesh Kumar Sharma
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 947/2023, CRL.M.A. 8699/2023, CRL.M.A. 12475/2023,
CRL.M.A. 9550/2023
MOLOY GHATAK ..... Petitioner
Through: Mr.Siddharth Aggarwal, Sr. Adv.
with Mr. Sidharth Lurthra, Sr. Adv.
(VC) with Mr. Kumar Kashyap, Mr.
Anmol Kheta, Mr. Kauser Hsusain,
Ms. Anshala Verma, Advs.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr. S. V. Raju, ASG(VC) with Mr.
Anupam Sharma, special counsel for
ED with Mr. Pankaj Kumar, Ms.
Harpreet Kalsi, Mr. Prakarsh Airan,
Mr. Ripudaman Sharma, Mr.
Abhishek Batra, Mr. Vashisht Rao,
Advs.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
ORDER
% 05.09.2023 CRL.M.As. 8700-01/2023 and CRL. M.A. 9551/2023 (exemptions) Exemptions are allowed subject to all just exceptions. W.P.(CRL) 947/2023
1. Mr. Siddharth Aggarwal, learned senior counsel for the petitioner submits that at present he has confined his request only to the extent that E.D. officers may come to the Kolkata and examine the petitioner. Learned senior counsel also submits that the petitioner is a This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:51:49 senior citizen and is not keeping well and rather fainted last week in the assembly and remained hospitalized. Learned senior counsel has also referred to Section 160 Cr. PC and placed reliance upon Abhishek Banderjee & Anr. v. E.D. in SLP 2806-07/2022 and SLP (CRL) 183/2022.
2. Sh. S. V. Raju, learned ASG has vehemently opposed the same. Sh. S. V. Raju, learned ASG submits that the petitioner on previous occasions has not complied with the summons issued by the E.D.. Sh. S. V. Raju, learned ASG also submits that the petitioner cannot draw parallel with the orders passed by the Hon'ble Supreme Court in Abhishek Banerjee & Anr. V. E.D. in SLP 2806-07/2022 and SLP(CRL) 183/2022 as they were only an interim order based on the peculiar facts and circumstances of the case. Sh. S. V. Raju, learned ASG also submits that Section 160 Cr. PC is not applicable in the present proceedings.
3. However, without going into the merits of the case and taking into account the age of the petitioner and his health condition as stated at BAR by the learned senior counsel for the petitioner , the following directions are issued:
a. It shall be open to the Enforcement of Directorate to require the attendance of the petitioner in its office situated at Kolkata by giving at least 24 hours notice;
b. Simultaneously, notices shall also be issued to the Commissioner of Police, Kolkata and Chief Secretary, State of West Bengal so that adequate police protection is afforded to the person seeking to examine or interrogate the petitioner.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:51:49 E.D. officer shall ensure that if required, the appropriate medical aid is provided during the examination.
4. However, it is made clear that this order shall not be taken as a precedent as it has been passed in peculiar facts and circumstances.
5. List on 07.02.2024.
DINESH KUMAR SHARMA, J SEPTEMBER 5, 2023 Pallavi This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:51:49