Gauhati High Court
Ahshringdaw Warisa @ Partho ... vs The Enforcement Directorate ... on 18 October, 2023
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GAHC010191612023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./911/2023
AHSHRINGDAW WARISA @ PARTHO WARISA @ ANANDA SINGHA
S/O PUTUL WARISA,
R/O VILL- DISGAO RAJI
P.O. AND P.S. HAFLONG, DIST. DIMA HASAO, ASSAM
VERSUS
THE ENFORCEMENT DIRECTORATE GOVERNMENT OF INDIA AND ANR
MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW
DELHI-110001.
2:SHRI R.K. GHOSH
ASSISTANT DIRECTOR
DIRECTORATE OF ENFORCEMENT
MINISTRY OF FINANCE
RAJGARH ROAD
BY LANE NO. 1
H.NO. 20
2ND FLOOR
GUWAHATI-781003
Advocate for the Petitioner : MS. B DEVI
Advocate for the Respondent : SC, ED
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 18.10.2023
Heard Mr. S Borgohain, learned counsel for the petitioner and
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Ms. A Gayan, learned Standing counsel, Enforcement Directorate.
The petition under section 482 Cr.P.C., is filed for quashing of the
PMLA Case No.1/2015 pending before the court of learned Special Judge,
PMLA.
The basic ground of challenge is that the National Investigating
Agency (NIA) lodged a prosecution initially by filing an FIR being FIR
No.1/2009 dated 05.06.2009 registered under section 120B, 121, 121A
IPC and sections 25(1-B) (A) of the Arms Act and subsequently after
completion of investigation charge sheet being CS No.1/2009 by NIA was
filed and special NIA Case No.1/2009 was registered under section 120B,
121, 121A IPC and under sections 16, 17, 18, 19 & 20 of UA(P) Act and
under section 25(1) (d) of Arms Act.
On the basis of the factual allegation made in the NIA Case, the
prosecution under the PMLA was launched and the petitioner is facing the
proceedings as discussed hereinabove.
In the meantime the petitioner was convicted by the NIA Court
by its judgment and conviction dated 14.09.2007 which was challenged by
the present petitioner before the appellate Court and the Appellate Court
by its judgment and order dated 11.08.2023 acquitted the petitioner and
allowed the appeal preferred.
In the aforesaid background relying on the judgment of the Apex
Court rendered in the case of Vijay Madanlal Choudhary and Others
Vs. Union of India reported in (2022) SCC Online 929, the learned
counsel for the petitioner contends that once the petitioner is finally
acquitted from the scheduled offence in the criminal case against them,
they cannot be proceeded in the proceeding under the PMLA Act.
The learned Standing counsel, ED countering such argument
submits that the NIA has decided to prefer a Special Leave to Appeal
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before the Hon'ble Apex Court against the judgment of acquittal and
therefore, in the aforesaid background, though there is no dispute relating
to ratio laid down in Vijay Madanlal Choudhury (supra), , in view of such
decision of the NIA, the PMLA proceeding shall be allowed to continue.
Considering the arguments advanced, this court finds force in
the arguments advanced by Mr. Borgohain, learned counsel for the
petitioner.
Accordingly, let notice be issued, returnable by 09.11.2023.
Since Ms. A Gayan, learned Standing counsel has appeared on
behalf of the respondent No.1, so no formal notice is required to be
issued. However extra copies of the petition be served upon Ms. A Gayan,
within a period of 5 days.
Steps upon the respondent No.2 be taken by way of Registered
Post with A.D as well as through the usual process within 7 (seven) days.
Till the returnable date, further proceeding in Special (PMLA)
Case No.01/2015 pending before the court of learned Special Judge,
PMLA, Guwahati shall remain stayed so far the same relates to the
present petitioner.
JUDGE
Comparing Assistant
