Dawa Tsering Thongdok vs The Union Of India And Other on 27 March, 2026

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    Gauhati High Court

    Dawa Tsering Thongdok vs The Union Of India And Other on 27 March, 2026

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    GAHC010047952026
    
    
    
    
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                                  THE GAUHATI HIGH COURT
       (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                                     Case No. : WP(C)/1785/2026
    
                DAWA TSERING THONGDOK
                S/O- LATE KEJANG DANDU,
                R/O- RUPA, RUPA CIRCLE, DIST- WEST KAMENG, ARUNACHAL PRADESH,
                PIN-790003
    
    
    
                VERSUS
    
                THE UNION OF INDIA AND OTHER
                REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF
                FINANCE, NORTH BLOCK, NEW DELHI
    
                2:THE DIRECTORATE OF ENFORCEMENT
                THROUGH ITS DEPUTY DIRECTOR
                 GUWAHATI ZONAL OFFICE -I
                 6TH FLOOR
                 MAINAAK TOWER
                 SHREE NAGAR
                 CHRISTIAN BASTI
                 GUWAHATI
                 KAMRUP (M)
                ASSAM
                 PIN-78100
    
    Advocate for the Petitioner   : MR. S P SHARMA, MR. N SARMA,MS U SHARMA,DR. AK
    SARAF
    
    Advocate for the Respondent : DY.S.G.I., SC, ED
    
    
    
    
                                      BEFORE
                     HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
                                                                                    Page No.# 2/5
    
    
                                             ORDER
    

    Date : 27-03-2026
    Heard Dr. A.K. Saraf, learned Sr. counsel assisted by Mr. S.P. Sharma, learned

    counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned DSGI appearing for

    SPONSORED

    the respondent No. 1 and Mr. R. Dhar, learned standing counsel, Enforcement Directorate

    appearing for the respondent No. 2.

    2. The petitioner has instituted the present writ petition assailing a summon dated

    16-02-2026, issued by the respondent No. 2 invoking the provision of Section 50(2) of the

    Prevention of Money Laundering Act, 2002 (in short “the Act of 2002”), requiring the

    petitioner to give evidence and/ or produce documents as mentioned in the schedule to

    the said notice.

    3. Dr. Saraf at the outset by referring to the provisions of the Act of 2002, has

    submitted that the power of the Enforcement Directorate (ED) to investigate into an

    offence so arises in the event a police case is registered and therein, the sections under

    which the case is registered falls within the offence set out in the schedule to the Act of

    2002. Dr. Saraf, submits that the initiation of the criminal proceeding was the registration

    of Demow P.S. Case No. 13/2024, under Section 379/ 420/ 34 IPC read with Section 51-

    1A of the Assam Excise Act. Dr. Saraf submits that Section 420 having been incorporated

    in the Demow P.S. Case No. 13/2024 and the same being a scheduled offence under the

    Act of 2002, the ED authorities instituted an enquiry in the matter. Dr. Saraf further

    highlights that the police on conclusion of the investigation in Demow P.S. Case No.

    13/2024, had laid a charge-sheet against the accused persons, therein, under Section
    Page No.# 3/5

    379/ 420/ 34 IPC read with Section 53A of the Assam Excise Act, 2010. It is submitted

    that the Trial Court while considering of framing charges against the accused in PRC Case

    No. 165/2024, upon examination of the materials brought on record in the charge-sheet,

    had found that there was no material to form a prima-facie opinion of commission of

    offence by the accused, therein, under Section 379/ 420/ 34 IPC and accordingly, the

    charges levelled under the said sections came to be dropped. It is further highlighted that

    the accused, therein, were charged only under Section 53-1A of the Assam Excise Act

    read with Section 34 of the IPC. Dr. Saraf, accordingly, submits that the accused in PRC

    Case No. 165/2024, arising from the Demow P.S. Case No. 13/2024, not being charged

    under any scheduled offence under the Act of 2002, the ED would not have jurisdiction to

    continue with further investigation in the matter in pursuance to the ECIR registered

    against one Sanjay Dewan and Ritu Dewan. Dr. Saraf further submits that the accused in

    Demow P.S. Case No. 13/2024, not being charged under offence which is a schedule

    offence in the Act of 2002, the notice issued to the petitioner invoking the provision of

    Section 50(2) of the Act of 2002, would not be sustainable.

    4. Mr. R. Dhar, learned standing counsel, ED appearing for the respondent has

    disputed the said position and submits that a police case having been registered in the

    matter and therein, a scheduled offence being involved, the provisions of the Act of 2002,

    would stand automatically attracted and the subsequent dropping of the charges, which is

    also included as schedule offence under the Act of 2002, would not deprive the ED

    authorities of the jurisdiction to continue to investigate the matter. Mr. Dhar submits that

    the stand of the respondent represented by him would be brought on record by way of
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    filing an affidavit and therein, the ED authorities would in details, deal with the

    submission of the petitioner that on dropping of the schedule offence from the charges

    involved in the PRC Case No. 165/2024, the ED would loose its jurisdiction to continue to

    investigate the matter on the basis of the case already registered by it in the matter.

    5. The submissions made by the learned counsel for the parties have been considered

    by this Court. This Court is of the considered view that the submissions made would

    require a detail consideration and the same would be permissible only after the

    respondents file an affidavit in the matter. Accordingly, the respondents are directed to file

    their affidavit on/ or before 30-04-2026.

    6. On filing of such affidavit, the petitioner to file its rejoinder, if so advised, on/ or

    before 15-05-2026.

    7. Registry to list this matter again on 20-05-2026 in the motion column.

    8. Considering the submission raised by Dr. Saraf with regard to the jurisdiction of the

    ED authority to continue to investigate the matter by invoking the provisions of the Act of

    2002, this Court provides that till the next date of listing, the ED authority shall not insist

    for the personal appearance of the petitioner before them.

    9. The said direction is also passed by considering the submissions made by Dr. Saraf

    that in pursuance to the notice dated 16-02-2026, the documents as sought for, therein,

    has already been submitted before the concerned authorities by the petitioner.

    10. Registry to list this matter again on 20-05-2026.

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    JUDGE

    Comparing Assistant



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