Page No.# 1/2 vs Revenue Secretary And 3 Ors
2022 Latest Caselaw 3483 Gua

                                                                  Page No.# 1/2

GAHC010069742022




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

                          Case No. : W.P.(Crl.)/15/2022

         VILELIE KHAMO AND ANR.
         S/O. LT. SH. M. KHAMO, PERMANENT R/O. H. NO. P-146 LERIE COLONY,
         BELOW ST. MARY HIGHER SECONDARY SCHOOL, KOHIMA, NAGALAND.

         2: AVITUO SEKHOSE

          PROPRIETOR
          M/S KHADI TRADE AND DEVELOPMENT AGENCY NEAR TINPATI
         JUNCTION
          PEZIELIETSIE COLONY
          KOHIMA
          NAGALAND-797001

         VERSUS

         REVENUE SECRETARY AND 3 ORS.
         GOVT. OF INDIA MINISTRY OF FINANCE DEPTT. OF REVENUE NORTH
         BLOCK, NEW DELHI-110001.

         2:DIRECTOR
          ENFORCEMENT DIRECTORATE GOVT. OF INDIA
          6TH FLOOR
          LOK NAYAK BHAWAN
          KHAN MARKET
          NEW DELHI-110003.

         3:SH. RAJ KUMAR RAM
         ASSTT. DIRECTOR ENFORCEMENT DIRECTORATE GOVT OF INDIA
          GUWAHATI ZONAL OFFICE-II
          GUWAHATI-781003.

         4:UNION OF INDIA
          REP. BY THE SECRETARY
          LEGISLATIVE DEPTT.
                                                                             Page No.# 2/2

             MINISTRY OF LAW AND JUSTICE
             NEW DELHI-110001

Advocate for the Petitioner   : S BORGOHAIN

Advocate for the Respondent : ASSTT.S.G.I.


                                     BEFORE
                          HONOURABLE THE CHIEF JUSTICE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                             ORDER

Date : 12.09.2022 (R.M. Chhaya, CJ.)

Heard Mr. S. Borgohain, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned Assistant Solicitor General of India for the respondents.

Learned counsel for the petitioner states that the prayer made in Paragraph No. 25(A) would not survive in view of the judgment rendered by the Hon'ble Apex Court in the case of Vijay Madanlal Choudhury & Ors. -vs- Union of India & Ors., reported in 2022 SCC On-Line SC 929 and, therefore, he does not press the prayer made in Paragraph No. 25(A) i.e, to declare Section 50 of the Prevention of Money Laundering Act, 2002 as ultra vires. Even according to the learned counsel for the petitioner, what survives in this petition is the relief prayed for in Paragraph No. 25(B), wherein the challenge is to the summons dated 18.11.2021 issued by the respondent No.3.

As challenge to the vires of Section 50 of the Prevention of Money Laundering Act, 2002 does not survive, the matter be placed before the appropriate Bench at the Principal Seat at Guwahati.

                               JUDGE                     CHIEF JUSTICE

Comparing Assistant