Darsh Minerals Pvt. Ltd. and another Vs Union of India and others (Punjab and Haryana High Court)
Punjab and Haryana High Court held that freezing of bank account by Enforcement Directorate [ED] without following procedure prescribed under section 17(1-A) of the Prevention of Money Laundering Act [PMLA] is unlawful. Accordingly, petition stands disposed of.
Facts- This petition has been filed invoking writ as well as supervisory jurisdiction of this Court under Articles 226 read with 227 of the Constitution of India essentially assailing freezing of the account of the petitioner-company on 08.03.2025 during a raid conducted by the officers of the Enforcement Directorate at the residence of Mohit Goyal, one of the Directors of the petitioner-company, who is alleged to have been paid approximately Rs.45.52 crores as part of sale proceeds of mining material extracted illegally from the mining site situated at village Ratewala, District Panchkula, owned and operated by M/s Tirupati Roadways (proprietor Shri Gurpreet Singh Sabharwal), against which an FIR No. 9 dated 25.08.2022 was registered by State Vigilance Bureau, Panchkula, Haryana, under Sections 379, 414, 420 of the Indian Penal Code read with Sections 4 and 21 of Mines and Minerals (Regulation of Development) Act, 1957 and under sections 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988.
