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Synopsis

The Delhi High Court on Tuesday posted the bail plea filed by Enamul Haque accused in the case related to cattle smuggling across India-Bangladesh border in West Bengal for hearing on August 8.

During the hearing today, the bench of Justice Dinesh Kumar Sharma was apprised by Senior Advocate Siddharth Agarwal appearing for Haque that the bail plea has been transferred after the change in the roster.

The single-judge bench directed both the parties to file their written submissions and accordingly, listed the matter for detailed hearing on August 8.

Earlier, before Justice Anup Jairam Bhambhani, Senior Advocate Vikas Pahwa appearing for Enamul Haque had submitted that “the elementary and foundational facts have not been established by the Directorate of Enforcement (ED)” in the present case.

The senior counsel had submitted several precedents to support his submissions. He had also stated that Haque had been granted bail by the Supreme Court in January 2022, in the same matter pertaining to the Central Bureau of Investigation (CBI) case. Referring to the CBI order, he had read relevant portions and argued that till date in the CBI case, the investigation was ongoing and no charges had been framed.

Pahwa had earlier argued that the "link to the proceeds of crime is missing" in the present case. Pahwa had contended that it is the ED’s duty to establish the foundation facts of the case and that the burden of proof shifts only when the trial starts, and the chargesheet has been filed.

It is to be noted that Pahwa in December had argued that the investigation agency failed to show scheduled offences, and proceeds of crime, and thus, Section 3 of the Prevention of Money Laundering Act (PMLA) falls flat in the case against Haque. Relying on the Vijay Madanlal judgment of the Supreme Court, he had argued that money laundering is “not a standalone offence”.

Notably, in April, the trial court had taken cognizance of a chargesheet filed by the ED against 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 against Haque, had noted that ED had filed a 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.

Moreover, in January 2022, a division bench of Justice DY Chandrachud and Justice Dinesh Maheshwari of the Supreme Court granted bail to Haque in a case by CBI related to the same issue.

Case Title: Mohd. Enamul Haque v. Directorate of Enforcement