Chaitanya Baghel Vs Directorate of Enforcement (Chhattisgarh High Court)
Chhattisgarh High Court held that petition u/s. 528 of Bharatiya Nagarik Suraksha Sanhita filed by Chaitanya Baghel seeking quashing of illegal arrest in the matter of money laundering linked to Liquor Scam is dismissed as grounds raised are procedural lapses not amounting to illegality.
Facts- The petitioner was apprehended on 18.07.2025 by the respondent/ED purportedly in connection with an investigation under the Prevention of Money Laundering Act, 2002 (PMLA) allegedly linked to the Liquor Scam. The present petition has been filed on behalf of the present petitioner under Section 528 of the Bhatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of illegal arrest, “reasons to believe”, grounds of arrest”, remand orders, and all consequential proceedings, being arbitrary, illegal and unconstitutional.
Conclusion- Held that the ground raised by the petitioner in this petition are procedural lapses/irregularities which does not amount to illegality. Learned counsel for the respondent in para 70 of his written submission has stated that the petitioner deserves to be relegated to the remedy of a regular bail which requires the petitioner to satisfy the mandatory twin conditions of bail under Section 45 of PMLA to seek release from custody. I agree with the contention raised by the learned counsel for the respondent that the grounds raised in this petition are procedural lapses /irregularities not amounting to illegality and these are the grounds of bail. In light of the foregoing discussion, this Court finds no ground to interfere with the investigation or the arrest effected by the Investigating Agency. Accordingly the petition stands dismissed.
