HC imposes cost of Rs 1 lakh on ED for initiating money laundering probe against developer
22-Jan-2025 02:35 PM 8493
Mumbai, Jan 22 (Reporter) The Bombay High Court imposed a cost of Rs. 1 lakh on the Enforcement Directorate (ED) for initiating a money laundering investigation against a city-based developer in a ‘malafide’ manner. The Court observed that 'it is high time that the central agencies like the ED should conduct themselves within the parameters of law and stop taking the law in their own hands and harass citizens', a lawyer said here on Wednesday. A Single Judge bench of Justice Milind N Jadhav said this after hearing the Criminal Revision Application (CRA) challenging legality and validity of order passed by a special judge on August 8, 2014, that initiated proceedings against developer Rakesh Brijlal Jain, partner of Kamala Developers. The petitioner sought direction to set aside the order of a special court designated under the Prevention of Money Laundering Act (PMLA), 2002, on the ground that prima facie, no offence of cheating was made out in the case. The HC quashed and set aside the impugned order observing that issuance of proceedings was a “clear abuse of the process of law”. “ED, for reasons best known to it, have supported complainant’s false case without application of mind or without going through the record.” The central agency had initiated a probe against Jain based on the complaint by a property purchaser which was being investigated by Vile Parle Police station alleging cheating and breach of agreement between the parties. The complainant had claimed that the developer had taken money for incomplete work and failed to deliver the possession of the property in time. "I am compelled to levy exemplary costs because a strong message needs to be sent to the Law Enforcement Agencies like ED that they should conduct themselves within the parameters of law and that they cannot take law into their own hands without application of mind and harass citizens," Justice Jadhav said. The Judge pointed out that by now it is settled that an offence of Money Laundering is committed by an individual with a deliberate design with the motive to enhance his gains, disregarding the interest of the nation and society as a whole. It is seen that conspiracy of Money Laundering is hatched in secrecy and executed in darkness. The present case before me is a classic case of oppression in the garb of implementation of PMLA," the Judge remarked...////...
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