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Synopsis

The Delhi High Court on Tuesday allowed Trinamool Congress (TMC) leader Anubrata Mondal to withdraw his habeas corpus petition claiming his ongoing custody in jail in a money laundering case related to cattle smuggling in West Bengal to be illegal.

The court was hearing a habeas corpus petition filed by Mondal for producing him before a court in person, alleging that he is in “illegal custody or unlawful detention”.

The division bench of Justice Siddharth Mridul and Justice Gaurang Kanth told the counsel for Mondal that his petition, which argued that there was no valid judicial order remanding him in judicial custody, would not be maintainable. 

The bench also granted him liberty to initiate appropriate proceedings in law while ordering, "The petition is dismissed as withdrawn".

Notably, on May 31, the division bench of Justice Siddharth Mridul and Justice Talwant Singh had issued notice on the habeas corpus petition and asked the counsel for Mondal to first show that the plea is maintainable.

It is to be noted that on January 24, Special Judge Raghubir Singh of the Rouse Avenue Court, Delhi dismissed the TMC leader’s bail plea. The same is under consideration before the bench of Justice Dinesh Kumar Sharma and is listed for hearing on June 1 before the high court. 

The TMC leader had approached the Delhi High Court in December challenging the production warrant issued by Rouse Avenue Court, Delhi in the Directorate of Enforcement (ED) case, in connection with the multi-crore cattle smuggling case in West Bengal.

Background:

On August 11, 2022, the Central Bureau of Investigation (CBI) arrested Anubrata Mondal, a close aide to Chief Minister Mamata Banerjee, in connection with the cattle smuggling case. On August 5, the CBI served summons on Mondal for questioning in connection with the cattle smuggling case. On August 8, Mondal was summoned to the CBI office at Nizam's Palace in Kolkata.

In April, the trial court took cognizance of a chargesheet filed by the ED against other accused namely former Trinamool Congress (TMC) leader Vinay Mishra, his brother Vikas Mishra and Md. Enamul Haque, the alleged kingpin of cattle smuggling ruckus across the India-Bangladesh border.

Special Judge CBI Sanjay Garg, while taking cognizance noted that ED had filed chargesheet under Sections 44 and 45 of the Prevention of Money Laundering Act (PMLA), 2002 for the offences under Sections 3 and 70 of PMLA, punishable under Section 4 of PMLA.

Case Title: Anubrata Mondal v. Directorate of Enforcement