Delhi High Court - Orders
Bhupesh Arora vs Assistant Director Directorate Of ... on 15 March, 2023
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 726/2023, CRL.M.A. 6682/2023 & CRL.M.A. 6683/2023
BHUPESH ARORA ..... Petitioner
Through: Mr. Rajeev Awasthi, Adv.
versus
ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT
..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 15.03.2023 CRL.M.A. 6683/2023 Exemption allowed subject to just exceptions. W.P.(CRL) 726/2023 alongwith CRL.M.A. 6682/2023 (Stay)
1. This petition has been filed seeking quashing of ECIR/GWZO-11/09/2022 registered by the Directorate of Enforcement, Guwahati Zonal Office under the provisions of the Money Laundering Act, 2002 and summons which have been issued pursuant to same. Learned counsel for the petitioner contends that there is no predicate offence/scheduled offence which has been registered against the petitioner, and the ECIR could not have been registered under the PMLA. On this, he relies upon the decision of the Hon'ble Supreme Court in Vijay Madan Lal Choudhary where the Hon'ble Supreme Court has held that "The Authorities under the 2002 Act cannot prosecute any person on notional basis or on the assumption that a scheduled offence has been committed, Signature Not Verified Digitally Signed By:ANISH DAYAL unless it is so registered with the jurisdictional police and/or pending enquiry/trial including by way of criminal complaint before the competent forum". On this basis, it is contended that the ECIR could not have been registered.
2. Issue Court notice to the Directorate of Enforcement through the Standing Counsel to place a status report in this regard before the next date of hearing.
3. No one appears for the Directorate of Enforcement, despite advance notice having been served by the petitioner.
4. List on 12th April, 2023.
5. Order be uploaded on the website of this Court.
ANISH DAYAL, J MARCH 15, 2023/MK Signature Not Verified Digitally Signed By:ANISH DAYAL