Banmeet Singh vs Directorate Of Enforcement (Ed)
2024 Latest Caselaw 1092 UK

Uttarakhand High Court

Banmeet Singh vs Directorate Of Enforcement (Ed) on 5 June, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

    IN THE HIGH COURT OF UTTARAKHAND AT
                   NAINITAL

            Writ Petition (Criminal) No. 567 of 2024
Banmeet Singh                                               ...Petitioner

                                  Vs.
Directorate of Enforcement (ED)                          ...Respondent

Presence:
    Mr. Ashok K. Singh, learned counsel for the petitioner.
    Mr. Lalit Sharma and Mr. Atul Bahuguna, learned counsel for the
    respondent.

Hon'ble Rakesh Thapliyal, J. (Oral)

The issue, as involved in the present writ petition, is that as per Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, the United State of America there is plea agreement dated 05.01.2024 in Case No. 2:18-CR-2016 'United State of America (Plaintiff) vs. Banmeet Singh (defendant) for the offence of conspiracy to distribute and to possess with the intent to distribute controlled substances in violation of 18 U.S.C. (846) and also for the offence of conspiracy to commit money laundering in violation of 18 U.S.C. 1956 (h), which reads as under:

"The Lesser Included Offense of Count One (conspiracy to distribute and to possess with the intent to distribute controlled substances in violation of 18 U.S.C. 846

a) Defendant agreed to violate federal drug laws with one or more persons (i.e. 21 U.S.C. 841 (a) and (h);

b) Defendant had knowledge of and intended to join the conspiracy;

c) Defendant participated in the conspiracy;

d) The conspiracy involved the possession with the intent to distribute controlled substances including but not limited to:

1. A mixture or substance containing a detectable amount of 3, 4-methylenedioxymethamphetamine ("ecstasy" or "MDMA"); and

2. A mixture or substance containing a detectable amount of Ketamine; and

3. A mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); and

4. A mixture or substance containing a detectable amount of heroin; and

5. A mixture or substance containing a detectable amount of cocaine; and

6. A mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethy 1)-4-piperidiny 1] propanamide ("fentany1"); and

7. A mixture or substance containing a detectable amount of Tramadol.

e) The conspiracy existed at or around the time alleged in the Southern district of Ohio and elsewhere.

Count Three (Conspiracy to Commit Money Laundering in violation of 18 U.S.C. 1956 (h)

a) Defendant conspired with at least one other person to commit the crime of money laundering, i.e. to violate 18 U.S.C. 1956(a)(1)(B)(i), (a)(2)(A), and (a)(2)(B)(i); and

b) Defendant knowingly and voluntarily joined the conspiracy.

c) The conspiracy existed at or around the time alleged in the Southern district of Ohio and elsewhere.

3. Penalties: The statutory penalties of the offense to which Defendant has agreed to plead guilty are as follows:"

2. Based on the said plea agreement dated 05.01.2024 by the judgment dated 19.04.2024 passed by United States District Court under the heading of imprisonment it is mentioned that the defendant- the present petitioner hereby committed to the custody of the Federal Bureau of Prison for the imprisonment of term time -sentence of 60 months.

3. After this, on 25.04.2024 the petitioner came to India and his house at Haldwani was raided by the officials of Enforcement Directorate on 26.06.2024 and, thereafter, on 29.05.2024 he has been arrested; however, before arrest, the

petitioner approached to this Court and preferred a writ petition bearing Writ Petition (Criminal) No. 518 of 2024, which was sought to be withdrawn with a liberty to file a fresh and the permission was granted by this court on 21.05.2024.

4. Learned counsel for the petitioner refers to the Article-15, which pertains to the search and seizure of the Treaty of the Government of Republic of India and the Government of United State of India on mutual legal assistance in criminal matters and apart from this, a further reference has been made on international covenant on civil and political rights dated 23.03.1976 and, particularly, he refers Article 14 (sub-clause 7), which reads as under:

"7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country."

5. It is submitted by the learned counsel for the petitioner that as per the international convenant the respondent cannot further investigate the conduct of the petitioner, which is prior to the date of the plea agreement dated 05.01.2024.

6. Mr. Lalit Sharma, learned counsel for the respondent, seeks three days' time to get instructions in the matter.

7. Put up this matter on 12.06.2024 immediately after fresh.

8. Registry is directed to show the name of Mr. M.S. Rawat, as the counsel for the petitioner.

(Rakesh Thapliyal, J.) 05.06.2024 PR