Khageswar Patra vs Directorate Of Enforcement
2023 Latest Caselaw 8962 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         BLAPL No.6743 of 2023

      Khageswar Patra                         ...        Petitioner
                            Mr. Y. Das, Sr. Advocate along with
                                         Mr. A. Patra, Advocate
                              -versus-

      Directorate of Enforcement,     ...   Opposite Party
      Government of India,
      Bhubaneswar
                            Mr. G.K. Agarwal, Advocate(ED)
                                CORAM:
                         JUSTICE G. SATAPATHY
                                   ORDER

09.08.2023 Order No.

08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Mr. A. Patra, learned counsel for the petitioner by filing the copy of charge-sheet in Khandagiri P.S. Case No.496 of 2022 along with some photocopies of other documents, submits that the petitioner was never arrested or detained either in Khandagiri P.S. Case No.496 of 2022 or Nayapalli P.S. Case No.646 of 2022 for the predicate offence and, thereby, the rigor of Section 45 of PML Act would not be applicable to the case in hand. The aforesaid documents be kept on record.

3. On the other hand, Mr. G.K. Agarwal, learned counsel for the ED vehemently opposes the aforesaid contention of the petitioner by submitting that there

are numerous authorities in law by which a person can be arrested and detained in ED cases, even though he has not charge-sheeted for predicate offence.

4. Hearing is concluded and judgment is reserved.

(G. Satapathy) Judge

Subhasmita

Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Aug-2023 17:38:12