NATESHA D.B., Vs. DIRECTORATE OF ENFORCEMENT MINISTRY OF FINANCE AND DEPARTMENT OF REVENUE

JUDGEMENT

(1.) The petitioner, a former Commissioner of the Mysore Urban Development Authority (MUDA), seeks a declaration that the search and seizure conducted at his residence from 28/10/2024 to 29/10/2024, as well as the subsequent statement recorded under Sec. 17 of the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as the PMLA, 2002), are invalid and illegal. The petitioner further seeks a writ in the nature of Certiorari to quash the issuance of summons dtd. 29/10/2024 and 6/11/2024, along with the various other statements recorded under Sec. 50 of the PMLA, 2002. Additionally, the petitioner prays for orders directing the prosecution of the erring officials of the respondent, the Enforcement Directorate (ED), under Sec. 62 of the PMLA, 2002.

(2.) The Enforcement Case Information Report (ECIR) dtd. 1/10/2024 was registered by the respondent based on an FIR filed by the Lokayukta concerning a predicate offence related to the illegal allotment of sites by MUDA during the petitioner's tenure as Commissioner of MUDA. Pursuant to authorization by the Joint Director of the respondent agency, the Assistant Director conducted a search of the petitioner's residence under Sec. 17 of the PMLA, 2002 on 28/10/2024 and 29/10/2024. During the search, the petitioner's mobile phone was seized, and its data was transferred to a hard disk. Furthermore, the respondent examined the petitioner on oath under Sec. 17(1)(f) of the Act.

(3.) On 29/10/2024.after the search was completed., the respondent served summons on the petitioner at 4.00 pm under Sec. 50 of the PMLA, 2002, directing him to appear before the Investigating Officer on the same day at 5:30 PM. Subsequently, the petitioner was served with another summons dtd. 7/11/2024, directing him to appear before the concerned officer on 8/11/2024. On that date, the petitioner was interrogated from 11:00 AM to 7:00 PM.