ED Directed to Grant 24-Hour Notice for Summons, Considering Petitioner’s Age & Health

Moloy Ghatak Vs Directorate of Enforcement (Delhi High Court)

Delhi High Court in matter involving Law Minister of the State of West Bengal in illegal coal excavation case directed Directorate of Enforcement (ED) to summons the petitioner at its Kolkata Office by giving at least 24 hours notice considering the age and medical status of the minister.

Facts-

FIR/RC was registered by Central Bureau of Investigation, Kolkata for the commission of offences u/s. 120B/409 of Indian Penal Code, 1860 and Section 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988 for illegal excavation and theft of coal from the leasehold area of Eastern Coalfield Ltd. in active connivance with officials of ECL, CISF, Indian Railways and concerned other departments, against the various accused.

It is also stated in the reply filed by respondent that in the course of investigation, it was deemed necessary that Moloy Ghatak i.e. petitioner herein be examined. As such, for further investigation, petitioner was summoned by Directorate of Enforcement to appear on 09 dates i.e. 14.09.2021, 23.09.2021, 11.10.2021, 28.10.2021, 02.02.2022, 08.02.2022, 07.04.2022, 15.07.2022 & 29.03.2023. However, he had appeared before the agency only once on 28.10.2021.

Please become a Premium member. If you are already a Premium member, login here to access the full content.