Sonu Kumar Thakur Vs Enforcement Directorate (Calcutta High Court)
Summary: The Calcutta High Court rejected the bail application of Sonu Kumar Thakur in M.L. Case No. 08 of 2025 arising out of ECIR No. KLZO-II/03/2024 dated 01.02.2024 under Sections 3 and 4 read with Section 19 of the Prevention of Money Laundering Act, 2002 (PMLA). The proceedings were pending before the Chief Judge, City Sessions Court, Calcutta.
The petitioner was arrested on 03.06.2025 at about 7.15 pm from his residence at Nutan Para, Jalpai More, Siliguri. One contention raised on his behalf was that although the nearest Magistrate was the ACJM, Siliguri, approximately 3 kilometres away, he was produced before the CJM, Jalpaiguri, approximately 43 kilometres away, at about 9.00 pm. The Enforcement Directorate submitted that the petitioner was produced before the available Magistrate after Court hours and, in any event, before the Special Court within 24 hours. The Court held that production before the CJM, Jalpaiguri, in the circumstances did not necessarily violate the statutory requirement, particularly as the petitioner was produced before the Special Court within 24 hours and no prejudice was caused to him.
The petitioner principally alleged violation of Article 22 of the Constitution and Section 48 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerning communication of the grounds of arrest to his relatives. Reliance was placed on Vihaan Kumar Vs State of Haryana, as well as Mihir Rajesh Shah Vs State of Maharashtra and Another. The petitioner contended that there was no written record establishing communication of the grounds of arrest to his relatives.
