Calcutta High Court (Appellete Side)
Bengal India Global Infrastructure ... vs Office Of The Special Director on 12 October, 2017
Author: Shivakant Prasad
Bench: Shivakant Prasad
W.P. 25703(W) of 2017
28 12.10.17
rkd
Bengal India Global Infrastructure Ltd. & Ors.
-vs-
Office of the Special Director, Eastern Region
Mr. N. Sangra,
Mr. M. Mukherjee,
Mr. V. Tewary
.....for the petitioners.
Mr. M. K. Mukherjee
.....for the respondent.
In this application the petitioner has challenged the investigation taken by the Special Director, Eastern Region, the Directorate of Enforcement (Prevention of Money Laundering Act), Government of India, C.G.O. Complex, 3rd MSO Building, 6h Floor, DF Block, Salt Lake, Kolkata - 700 091 and has prayed for writ in the nature of mandamus that a direction be given commanding the respondent to recall, rescind, set aside and/or quash the impugned proceeding in ECIR No. KLZO/06/2014 dated 24.10.2014 under the provisions of Prevention of Money Laundering Act, 2002 and to desist from giving any effect or further effect to or acting in terms of or pursuant to or in furtherance of the impugned proceedings.
The ground taken is that proceedings under the said Act contemplates a basis in the form of a criminal proceeding and that in the absence of any consent of the State of West Bengal as stipulated under Section 6 of the DSPE Act, enabling the C.B.I. to investigate the offences falling under the Indian Penal Code within the State of West Bengal, the very registration of the RC BSK 2014E 0007 (dated 14.8.2014) by the respondent/C.B.I., BS & FC, Kolkta (under Section 120B, 420, 467, 468 and 471 of the Indian Penal Code, the investigation and criminal prosecution of the petitioners is per se illegal.
My attention is invited to the F.I.R. (Annexure P-2) wherefrom it appears that the Superintendent of Police, C.B.I., BS&FC, Kolkata initiated the criminal motion against the petitioners. The matter complained of is serious in nature. However, criminal action has been taken in respect of the matter in dispute at the instance of the C.B.I. and it is submitted that similar matter is pending before the Hon'ble Supreme Court arising out of the same FIR but the investigation is undoubtedly a separate action on the part of the Enforcement Department under the provision of Prevention of Money Laundering Act, 2002.
I am of the view that the action alleged by the petitioners per se unlawful for absence of the State of West Bengal is the matter pending before the Hon'ble Supreme Court and in view of the observation made in S.L.P.(Crl.) No. 5787/2012 (at page 201 of the writ petition) that such questions are required to be answered and the matter being pending for hearing on 7th November, 2017 the case be listed before the Regular Bench on 14th November, 2017 for hearing on the issue. However, no coercive measure be taken on the part of the prosecution agency till that date but the prosecution agency can proceed with the investigation and no step shall be taken without the leave of the Court.
Parties will act on the basis of the copies of this order as downloaded form the official website.
(Shivakant Prasad, J.)