Page No.# 1/3 vs Enforcement Directorate
2022 Latest Caselaw 480 Gua

                                                                                  Page No.# 1/3

GAHC010025922022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : Crl.Rev.P./50/2022

            NAVEEN KUMAR GUPTA AND ANR
            DIRECTOR, MAHALAXMI CONTINENTAL LTD., GALI NO.8(B), NH-37,
            GUWAHATI-29, ASSAM.

            2: MAHALAXMI CONTINENTAL LTD.
            A COMPANY REGD. UNDER THE COMPANIES ACT
             1956
             HAGING OFFICE AT GALI NO.8(B)
             NH-37
             GUWAHATI-29
            ASSAM


            VERSUS


            ENFORCEMENT DIRECTORATE
            GOVT. OF INDIA, REP. BY THE ASSTT. DIRECTOR, GUWAHATI ZONAL
            OFFICE, RAJGARH ROAD, BYE LANE NO.1, HOUSE NO.20, 2ND FLOOR,
            GUWAHATI, 781003, ASSAM.

Advocate for the Petitioner   : MS. B S GOYAL

Advocate for the Respondent : SC, ED


                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 11.02.2022

This application under Section 397 read with Section 401 Cr.P.C. is preferred by (i) Sri Page No.# 2/3

Naveen Kumar Gupta, Director, Mahalaxmi Continental Ltd. and (ii) Mahalaxmi Continental Ltd., a Company registered under the Companies Act, 1956 having its office at Gali No.8(B), NH-37, Guwahati challenging the illegality, validity and correctness of the order dated 22.12.2021 passed by the learned Special Judge, Assam, Guwahati in Special (PMLA) Case No.22/2018.

It is to be noted that vide impugned order, the learned Court below has framed charge against the petitioner under Section 4 of the PMLA, 2002.

Heard Ms. B.S. Goyal, learned counsel for the petitioners and also heard Ms. A. Gayan, learned Standing Counsel, ED and also perused the petition and the documents placed on record.

Let notice be issued, returnable on 10.03.2022.

Since Ms. A. Gayan, learned Standing Counsel, ED has entered appearance and has received notice, no formal notice is required to be issued. However, extra copies of the petition be furnished to Ms. Gayan, learned Standing Counsel, ED during the course of the day.

Let the scanned copy of the record along with the case diary be called from the learned Court below.

Ms. Goyal, learned counsel for the petitioner referring to Article 20(1) of the Constitution of India and also to Section 3 of the Prevention of Money Laundering Act, 2002 submits that further proceedings pending before the learned Court below may be stayed.

On the other hand, Ms. Gayan, learned Standing Counsel, ED has objected in staying the further proceedings pending before the learned Court below, citing several judgments of different High Courts.

However, considering the submission of learned counsel of both sides and also considering the facts and circumstances on record, it is provided that further proceedings of Special (PMLA) Case No. 22/2018 pending before the Court of learned Special Judge, Assam, Guwahati so far as the present petitioner is concerned, shall remain stayed till the returnable date.

Page No.# 3/3

List the matter again on 10.03.2022.

JUDGE

Comparing Assistant