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Synopsis

Senior Advocate Vikas Pahwa appearing for Enamul Haque submitted before the Delhi High Court today 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.

A bench of Justice Anup Jairam Bhambhani was hearing a bail plea of Mohd. Emanuel Haque. He was arrested by the Directorate of Enforcement in a case related to cattle smuggling across the India-Bangladesh border in West Bengal.

Pahwa submitted that Haque is involved in buying cattle auctioned by the government and then sells them in the market and this happens throughout the country.

Relying on the Vijay Madanlal Judgment of the Supreme Court, he argued that money laundering is not a standalone offence.

Pahwa added that if cattle are going out, money has to come in India, but ED’s allegation is not bribery, they are putting S. 120B, 420 of IPC, and saying that it is cattle smuggling.

Furthermore, Pahwa submitted that Haque files ITR in his individual name and that the two transactions the ED is showing, one of Rs.12.5 crores and Rs.6.10 crores to two different people is based on a handwritten diary prepared by a man namely, Manoj Sinha.

The senior counsel argued that Sinha has not been charge-sheeted, nor is an accused, nor has his handwriting been matched. Pahwa stated that Sinha doesn’t even know Haque. “In fact, the ED is relying on a certified true copy they took from CBI”, he argued.

Taking note of the submissions, the court listed the matter for further hearing on December 19.

In June, Justice Jyoti issued notice to the Enforcement Directorate (ED) on the bail plea of Enamul Haque. During the hearing, the counsel for Haque submitted that it is a completely frivolous case as the ED has failed to identify any illegal profits in the last two years and no offence of Money laundering could be made out against him.

It was further contended that Haque had spent more than 18 months in custody in three different prosecutions by CBI and ED relating to one transaction and his arrest was illegal and against the principles of law.

Furthermore, the counsel for Haque submitted that ED never arrested him while he was in CBI Custody for 14 months, and only after the Supreme Court granted him bail just after a few weeks after his release, ED arrested him.

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.

Earlier in January, a division bench of Justice DY Chandrachud and Justice Dinesh Maheshwari of the Supreme Court had granted bail to Haque in the case by CBI.

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