Jharkhand High Court
Naresh Kumar Kejriwal vs Directorate Of Enforcement on 16 October, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1399 of 2019
Naresh Kumar Kejriwal ...... Petitioner
Versus
Directorate of Enforcement, Ranchi ...... Opp.Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : M/s Navniti Prasad Singh,Sr. Advocate & Devashisi Bharuka For the Opposite Party : Mr. Rajiv Sinha, A.S.G.I.
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06/Dated: 16/10/2019 Heard learned counsel for the petitioner and the learned Addl. Solicitor General of India appearing on behalf of the respondent- Directorate of Enforcement.
During the course of argument, learned A.S.G.I has referred sections 3, 5, 43, 44 and 45 of the Prevention of Money-Laundering Act, 2002 and further referred paragraph nos.7.1 to 7.4 of the official complaint petition, which is the statement of Rajendra Kumar recorded Under section 50 of the PMLA Act.
He has further referred paragraph-11 of the judgment of Hon'ble Supreme Court in Nikesh Tarachand Shah Vs. Union of India and Another, reported in (2018)11 SCC-1 and has also referred paragraph no.23 of the judgment of Hon'ble Supreme Court in Rohit Tandon Vs. Enforcement Directorate, reported in AIR 2017 SC-5309 whereby the Hon'ble Supreme Court has taken note of the fact that the predicate offence included in Part A in paragraph 1 of the Schedule in the Act of 2002, in particular Section 420,467, 471 and 120-B of IPC but the expression " criminal activity" has not been defined and further relied upon a Division Bendh judgment of Madras High Court in Crl.O.P.No.9796 of 2019 and Crl.M.P.No.5129 of 2019 which was delivered on 04.10.2019 ( M/s VGN Developers Pvt. Ltd & Anr Vs. The Deputy Director, Directorate of Enforcement, Chennai.
In that view of the matter, learned counsel for the petitioner is directed to give reply in both the judgments of the Hon'ble Supreme Court reported in Nikesh Tarachand Shah Vs. Union of India and Another, reported in (2018)11 SCC-1 and in Rohit Tandon Vs. Enforcement Directorate, reported in AIR 2017 SC-5309.
List this case on 11.11.2019.
( Anant Bijay Singh, J.) Raman/