9911796707
TMI Blog2022 (8) TMI 1329X X X X Extracts X X X X X X X X Extracts X X X X ..... nt to mention that the petitioner has not been named as an accused in the proceedings. This is also the submission of the E.D. The decisions shown on behalf of the E.D. do not apply in the facts of the present case since the petitioner therein had prayed for quashing of the proceedings. Hence, an interim measure of protection, the Enforcement Directorate is directed to question the petitioner at its zonal office at Kolkata in September or whenever the petitioner is summoned by the E.D. List this matter after five weeks. - WPA 19748 of 2022 - - - Dated:- 30-8-2022 - Moushumi Bhattacharya, J. Mr. Jishnu Saha, Mr. Sanjay Basu, Mr. Ayan Bhattacharjee, Mr Soumen Mohanty, Mr. Piyush Kumar Ray, Mr. Kush Agarwal, for the Petitioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tness is a woman. Counsel relies on Sections 65 and 71 of the PMLA, 2002 to submit that the PMLA would have overriding effect in respect of all other laws for the time being in force. The issue before the Court is not whether the petitioner should come within the framework of Section 160 of the Cr.P.C. The petitioner also does not seek quashing of the summons of the E.D. The only issue is whether the petitioner should be summoned in Delhi or in Kolkata. The ground urged on behalf of E.D. of confidential documents being available only with the E.D. in Delhi is not acceptable. This is by reason of the fact that on a prima facie assessment of the matter, the entire cause of action and the alleged offence emanates from the State of West B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Hence, an interim measure of protection, the Enforcement Directorate is directed to question the petitioner at its zonal office at Kolkata in September or whenever the petitioner is summoned by the E.D. Since learned counsel appearing for the E.D. seeks to file affidavits, affidavit-in-opposition be filed within three weeks as prayed for, reply thereto, if any, be filed within two weeks thereafter. List this matter after five weeks. The E.D. shall also not take any coercive steps against the petitioner in the meantime. __________________________________________________________________________________________________________________________________ Corrigendum CALCUTTA HIGH COURT WPA 19748 of 2022 M ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
