[Cites 3, Cited by 0]
Gauhati High Court
Page No.# 1/5 vs The Directorate Of Enforcement on 23 February, 2026
Page No.# 1/5
GAHC010036342026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/387/2026
SMTI SARASWATI CHOUDHARY AND 2 ORS.
W/O SHRI SANTOSH KUMAR CHOUDHARY
PRESENTLY RESIDING AT NORTH GUWAHATI, NEAR DOUL GOVINDO
MANDIR, P.O. NORTH GUWAHATI, P.S. CHANGSARI, DIST. KAMRUP, PI
CODE-781030 CONT. NO. 7002325501
2: SHRI SHIV SHANKAR CHOUDHARY
S/O LATE SHRIKANTH CHOUDHARY
RESIDENT OF VILL- BACHHWARA
P.O.A ND P.S. BACHHWARA
DIST. BACHHWARA
PIN CODE-851111
CONTACT NO. 9771525762
3: SHRI BISHWANATH CHOUDHARY
S/O LATE SHRIKANTH CHOUDHARY
RESIDENT OF VILL- BACHHWARA
P.O. AND P.S. BACHHWARA
DIST. BCHHWARA
PIN CODE-851111
CONTACT NO. 700263644
VERSUS
THE DIRECTORATE OF ENFORCEMENT,
REPRESENTED BY THE LEARNED STANDING COUNSEL, DIRECTORATE
OF ENFORCEMENT
Advocate for the Petitioner : MR. A BHATTACHARYA, MR S PAUL,MS ANKITA
SAHARIA,MS. K MALAKAR,MR. A BHATTACHARJEE
Advocate for the Respondent : SC, ED,
Page No.# 2/5
BEFORE
HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER
Date : 23.02.2026
Heard Mr. A. K. Bhuyan, learned counsel appearing for the accused-applicants.
Also heard Mr. R. Dhar, learned Standing Counsel, ED.
2. This is an application filed under Section 482 of BNSS, 2023, by the accused-
applicants, seeking pre-arrest bail in connection with the investigation or proceedings by
the Directorate of Enforcement, under the Prevention of Money Laundering Act, 2002
3. The case of the accused-applicants is that, in the year 2015, a Preliminary Enquiry
(P.E.) was registered and initiated against one Shri Santosh Kumar Choudhury, who is
the husband of the accused-applicant no. 1, son of the accused-applicant no. 2 and
nephew of the accused-applicant no. 3, on the basis of a complaint dated 08.03.2015,
filed by two persons, namely, Partha Gogoi and Dipak Das; that after five years from the
registration of the Preliminary Enquiry, the Investigating Officer registered a Regular
Enquiry being R.E. No. 02/2020 and started the investigation; that after a period of four
years, the accused-applicants came to learn that the aforesaid Regular Enquiry had been
converted into a formal FIR and CM's Vigilance P.S. Case No. 04/2024, under Sections
13(1)(b)/13(2) of the Prevention of Corruption Act, 1988, has been registered against the
accused-applicants. After coming to know about the aforesaid FIR, the accused-
applicant nos. 1 & 2, apprehending arrest in connection with the aforesaid case,
preferred an anticipatory bail application and this Hon'ble Court has granted them the
privilege of pre-arrest bail. In terms of the aforesaid pre-arrest bail order, the accused-
applicant nos. 1 & 2 appeared before the investigating authority and their statements
were recorded by the I/O.
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4. After completion of the investigation and after seizure of necessary documents, the
I/O submitted charge-sheet in connection with the aforesaid case, which was registered
as Special Case No. 57/2024. Accordingly, the learned Special Judge took cognizance of
the offences against the accused-applicants, under Sections 13(1)(b)/13(2) of the PC Act.
The accused-applicants appeared before the learned Special Judge, Assam, on
21.02.2025 and on the same date, they were allowed to go on bail and since then the
accused-applicants have been regularly appearing on each and every date fixed in the
said case.
5. The accused-applicants recently received summons issued by the Directorate of
Enforcement, calling upon them to appear and to give evidence and to produce records
in relation to investigation or proceedings under the Prevention of Money Laundering
Act, 2002. It is submitted before the Bar by Mr. A. K. Bhuyan, learned counsel for the
accused-applicants that in spite of the best efforts, the accused-applicants could not
ascertain whether any ECIR or any complaint had been registered by the Directorate of
Enforcement under the Prevention of Money Laundering Act, 2002.
6. On receipt of the summons, apprehending arrest, the accused-applicants have
approached this Court by filing the instant anticipatory bail application.
7. Mr. A. K. Bhuyan, learned counsel for the accused-applicants, submits that the
accused-applicants have been cooperating with the investigation; and during the
investigation as well as when the PC case was registered before the Trial Court, they
have been participating in the trial each and every day. He submits that their conduct all
throughout has been exemplary and in view of their conduct, the accused-applicants
were, in fact, granted bail by the learned Trial Court. Therefore, he submits that at this
stage, they should not be treated with any coercive action by the Investigating Authority
and this Court should consider their cases for allowing them to go on a pre-arrest bail.
8. On the other hand, Mr. R. Dhar, learned Standing Counsel for the ED, submits that
the PMLA case which has been registered against the accused-applicants is a stand alone
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case and the case will proceed on it's own. He submits that since only summons have
been issued in the instant case to the accused-applicants, requesting them to submit
documents, the accused-applicants do not have any genuine apprehension of their arrest
at this stage. Therefore, at this stage, their prayers for anticipatory bails should not be
considered by this Court.
9. This Court has considered the submissions made by the learned counsel appearing
for the respective parties as well as gone through the materials brought before this Court
along with the anticipatory bail application.
10. Having found that the accused-applicants have already been granted pre-arrest bail
in the case which is pending before the Court of learned Special Judge, Assam, and the
accused-applicants have been regularly attending the aforesaid Trial and since they have
some apprehension about their arrest in the instant case, at this stage, this Court is of the
considered opinion that the accused-applicants can appear before the I/O in terms of the
aforesaid summons and produce or submit the documents what have been called for in
the summons.
11. Therefore, this Court is of the considered opinion that till their appearances before
the Investigating Officer and after their appearances, until further order(s) of this Court,
no coercive action shall be taken by the ED against the accused-applicants at this stage.
12. In view of the aforesaid, it is directed that the accused-applicants shall appear
before the I/O on 24th, 25th & 26th of February, 2026, in terms of the summons dated
10.02.2026 and provide the necessary information as well as documents before the I/O.
13. It is also made clear that in the event of their failure to appear before the I/O, the
ED will be at liberty to take any action as it deems fit, as per law.
14. Call for the Case Diary in the instant case.
15. List this matter again on 05.03.2026.
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JUDGE
Comparing Assistant
