Manipur High Court
Thounaojam Ibobi Singh vs The Directorate Of Enforcement & Anr on 7 March, 2025
KHOIROM Digitally
KHOIROM
signed by Item No. 84
BIPINCHANDRA
BIPINCHAN SINGH
DRA SINGH Date: 2025.03.07 IN THE HIGH COURT OF MANIPUR
15:02:46 +05'30'
AT IMPHAL
AB No. 8 of 2021
Thounaojam Ibobi Singh
... Petitioner
- Versus -
The Directorate of Enforcement & Anr.
... Respondents
BE FO R E
HON'BLE MRS. JUSTICE GOLMEI GAIPHULSHILLU
O R D E R
07.03.2025
Heard Mr. S. Biswajit, learned senior counsel appearing for the
petitioner.
Mr. Kh. Samarjit, learned DSGI appearing for the respondents submits
that in the FIR case, there are 3 (three) accused; out of that 2 (two) had already
been released on bail and against the release order of the other 2 (two) accused,
the respondents filed SLP before the Hon’ble Supreme Court. However, the said
SLP was dismissed confirming the release order passed by this Court.
On perusal of the case docket, the FIR was registered in the year
2021 and the present A.B. case has been pending before this Court since
22.01.2021.
It was admitted by both parties that the authorities are yet to file
charge sheet against the 3 (three) accused.
In the facts and circumstances of the case, this Court is of the view
that the dragging the present case for longer period is not required. Accordingly,
the interim order dated 28.01.2021 is made absolute.
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The petitioner is directed to comply with the direction made in the
order dated 28.01.2021 i.e. para No. 4 which is extracted herein below:
“[4] After a gap of almost a year, the Enforcement Directorate,
Government of India issued a summon notice dated 11.01.2021 requiring
the petitioner to appear before it on 28.01.2021 at 10:00 a.m. i.e. today.
Although this application was filed on 23.01.20224, the same is being listed
before this Court only today. It has been submitted by Mr. S. Biswajit Meitei,
learned counsel appearing for the petitioner that in respect of such a similar
proceeding initiated by the Directorate of Enforcement in respect of the then
Chief Minister of Manipur, this Court vide its judgment and order dated
16.12.2020 had granted anticipatory bail even though no such summon was
issued in respect of him and only on the basis of the report published in the
newspaper. So far as the petitioner is concerned, the Directorate of has
issued summon for the offences as stated herein above. It has been
submitted by Mr. S. Suresh, learned ASG that in terms of Section 45 of the
Money Laundering Act, no bail can be granted before an opportunity being
granted to the authority for opposing it.
With the above direction, the present petition is disposed of.
If during the course of investigation, new facts arise and if the
petitioner fails to comply with the conditions made in the interim order dated
28.02.2021, the respondents can approach before this Court for vacation of this
Court’s order.
Furnish a copy of this order to the learned counsel appearing for both
parties.
JUDGE
Bipin
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