Anil Deshmukh in ED custody till November 12 custody granted by Bombay HC || by Kinshuk Arora || LIVE IMAGE

Bombay high court stays PMLA court order, grants Enforcement Directorate custody of Anil Deshmukh .

The vacation bench of the Bombay high court on Sunday granted custody of former Maharashtra home minister and Nationalist Congress Party leader Anil Deshmukh to Enforcement Directorate  till 12 November, 2021 .

Deshmukh was arrested by the Enforcement Directorate(ED) on November 1 after 12 hours of questioning in connection with a multi-crore money laundering case.

He was produced before a special holiday court on November 2 which remanded him to ED's custody till 6 November, 2021 .

Enforcement Directorate (ED) informed the High Court that for "investigating into such a matter running into crores of rupees" only 5-day custody had been granted to them, out of which 2 days were Diwali holidays.  

The central agency informed the Court that the Sessions Court ought to have noted that money was flowing from 13 companies indirectly owned by Deshmukh to 11 companies directly owned by Deshmukh.  "Holiday Sessions Judge ought to have appreciated that shell companies have been used to layer the Proceeds of Crime," the plea stated.  

ED submitted that the argument of Deshmukh's counsel that grounds for remand were similar was incorrect as ED had added additional grounds post the custodial interrogation. ED sought extension of custody to confront Deshmukh after examining the other accused in the case.  

The counsel appearing for Anil Deshmukh conceded the prayer for ED custody without going into the maintainability of the application.  He assured his willingness to face custodial investigation for about four days.  

Deshmukh’s counsel submitted that although he can raise contentions regarding maintainability of the present application as well as on merits of the case but on instructions, he is making aforesaid statement.  

In light of the statement, Deshmukh submitted that the impugned order can be quashed and set aside by consent and therefore no detailed reasons ought to be assigned. 

Accordingly, Justice Jamdar set aside the Sessions Court order and extended Deshmukh's ED custody to November 12, 2021.  

ED had initiated probe against Deshmukh and his associates after the Central Bureau of Investigation (CBI) filed a first information report (FIR) following a court-directed enquiry into allegations of corruption and misuse of his official position.

ED had issued five summons to Deshmukh, to which he responded seeking permission to attend the questioning through his authorised representatives. Deshmukh had not complied with any of the summons. 

Simultaneously, Deshmukh challenged the summons before the Bombay High Court who dismissed his petition on Friday directing him to take appropriate steps to approach the Courts for anticipatory bail.  Deshmukh appeared before the ED officials on Monday, November 1 2021. 

After interrogation for about 12 hours, Deshmukh was arrested post midnight on Tuesday. The Mumbai court had then allowed ED custody of Deshmukh till November 6, 2021.  The plea for extension of custody was, however, turned down yesterday by the Sessions Judge leading to present plea before the Bombay High Court.  

Additional Solicitor General Anil Singh with Advocate Shreeram Shirsat appeared for ED. 

Senior Advocate Vikram Chaudhari with Advocates Aniket Nikam and Inderpal Singh appeared for Deshmukh.

By - Kinshuk Arora 
   Media Person

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