Arijit Banerjee, J. - (1.) The appellants approached the learned Single Judge by way of W.P. No.25703 (W) of 2017 challenging an investigation initiated by the Special Director, Eastern Region, Directorate of Enforcement (Prevention of Money Laundering Act), Government of India and for quashing of such proceeding being ECIR No. KLZO/06/2014 dated October 24, 2014 under the provisions of Prevention of Money Laundering Act (in short 'PMLA'), 2002 and for an interim order staying further proceedings. The learned Judge passed an interim order but did not stay the proceedings. The learned Judge observed that the investigation may continue but the prosecution agency shall not take any coercive measure against the writ petitioners and no step will be taken without leave of Court. Being aggrieved, the present appeal has been filed by the writ petitioners.
(2.) Mr. Pradip Ghosh, learned Senior Advocate appearing for the appellants drew our attention to the provisions of the Delhi Special Police Establishment Act, 1946. He submitted that the Central Bureau of Investigation (in short 'CBI') cannot conduct any investigation in any State without consent of the concerned State Government. He submitted that the CBI has initiated enquiry against the appellants in the State of West Bengal but admittedly, the State Government has not given consent for such investigation. In this connection, Mr. Ghosh drew our attention to an order dated July 5, 2017 passed by the Hon'ble Apex Court in another matter wherein CBI is the appellant. It appears from the said order that the State of West Bengal has not issued any notification under Section 6 of the 1946 Act according consent to the CBI to conduct general investigation or investigation in any particular case in the State of West Bengal.
(3.) Mr. Ghosh submitted that in the meantime the respondent authorities have initiated investigation against the appellants under the PMLA. The appellant no.3 and his family members are being unnecessarily harassed. They are being summoned for interrogation almost on a daily basis and for very long hours. However, if ultimately it is held by the Hon'ble Apex Court that the CBI is not authorized to conduct enquiry in the State of West Bengal, the criminal case registered by the CBI against the appellants would fall to the ground and consequently, the investigation under the PMLA initiated by the respondent authorities will also stand nullified.;