LGW Industries Limited Vs Deputy Director (Calcutta High Court)
The Learned Single Judge before the Hon’ble Calcutta High Court in the matter of LGW Industries Limited versus Deputy Director, Kolkata Zone-II, Enforcement Directorate, Government of India & another decided that the circular enumerates, cases of police inaction matters, that the Subject category ‘Police’ in the Appellate Side Rules include CBI and Central Agencies and cannot be governed by the Union of India/Central Government within the residuary writ matters of the Hon’ble Calcutta High Court. The Hon’ble Court interpreted the term ‘police’, in usual parlance, connotes a law enforcement agency and or an investigating body. Central agencies akin to it may include not only the CBI but also other paramilitary forces or other disciplined forces but not the Enforcement Directorate, within the contemplation of section 5 of the PMLA. Thus, the Learned Bench has jurisdiction to hear the present writ petition since the authority under section 5 of the PMLA does not act as a Police force while passing order of provisional attachment. The Hon’ble Calcutta High Court held the issue of determination in favour of the Petitioner after excluding it as police inaction matter. Further, the Hon’ble Court has observed the interplay between the civil and criminal jurisprudence causing a disjunctive concurrence to prevent and detect crimes and to maintain law and order of the nation.
