2023 (3) TMI 301 - HC - PMLA

Money Laundering - issuance of production warrant - Jurisdiction of the Trial Court and also the authority of the Head Investigation Unit (HIU), Enforcement Directorate to investigate into the matter - HELD THAT:- Petitioner’s case is that the Enforcement Directorate orally assured the Hon’ble Bench at Delhi High Court that they would not execute production warrant issued against the petitioner by the Trial Court on 19th December, 2022. Such assurance was not recorded in any of the orders passed by the Hon’ble Judges at Delhi High Court in different proceedings. The learned Advocate for the petitioner relies on a report published by “Live Law” in support of his contention. Though it is needless to say that this Court cannot take judicial notice on publication of certain news in an Online News Portal, it is pertinent to mention that the said report states that the ED gave an oral assurance to Delhi High Court that it would not execute the production warrant against the petitioner till 9th January, 2023. There is absolutely no record that after 9th January, the opposite party renewed such oral assurance before any judicial forum.

In the instant case, the petitioner was sent to District Hospital, Asansol on 2nd March, 2023 when he complained of his illness. It is submitted by the learned Deputy Solicitor General on instruction that the petitioner has been discharged from the hospital. Therefore, it is presumed that there is no acute reason to hold that the petitioner is unfit by reason of his sickness from being removed to Delhi.

Since Section 482 can only be invoked to give effect to any order under this Code, or to prevent abuse of the process of the Code or otherwise to secure the ends of justice. In the instant case, it is found from the pleadings and the relief sought for by the petitioner that the petitioner has been trying to obstruct the process of the Court. This is not the only instance. The petitioner repeatedly filed series of applications to resist the Enforcement Directorate from executing production warrant issued against him - Since there is no order of stay of execution of production warrant dated 19/20th December, 2022 by any judicial forum, and the impugned order is absolutely interlocutory in nature, there are no merit in the instant revision.

The revisional application being not maintainable, fails.