Thounaojam Ibobi Singh vs Directorate Of Enforcement & anr.

Heard Mr. S.Biswajit Meitei, learned counsel appearing for the petitioner.

[1] This is an application filed by the petitioner praying for grant of Anticipatory Bail.

[2] According to the petitioner, a case being FIR Case No. 5(3)2018-V&ACPS u/s 420/120-B IPC & Section 13(2) r/w 13(1)(d) of PC Act 1988 on

24.03.2018 was registered by the Vigilance and Anti-Corruption P.S. Manipur, Imphal against the accused persons namely Shri O.Ibobi Singh, the

then Chairman LDA; Shri Th. Ibobi Singh, the then Project Director, LDA; Shri Ch. Gojendro Singh, the then Project Director, LDA and other based

on a complaint filed by Shri Khuplen Lhouvem, Addl.Supdt. of Police, Vig. & AC Department, Govt. of Manipur. In this connection, the present

Applicant/Petitioner filed an anticipatory bail application being AB No. 10 of 2018 which was clubbed together with other similar ABs being AB No. 9

of 2018, AB No. 11 of 2018 & AB No. 51 of 2018 filed by other accused persons.

[3] During the pendency of the above mentioned anticipatory bail applications, the said case under FIR No. 5(3)2018-V&ACPS u/s 420/120-B IPC &

Section 13(2) r/w 13(1)(d) of PC Act 1988 was later transferred to CBI and it was re-registered by it as Crime No. RC-0172019A0002 u/s 120B, 420

IPC and Section 13(2) r/w 13(1)d of PC Act 1988. In the meantime, the above anticipatory bail applications were heard together and this Court

allowed all the anticipatory bail applications vide common Judgment & order dated 26.08.2019.

[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 23.01.2021, 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 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.

[5] In view of the above, this Court is of the view that whether the petitioner can be granted bail or not will be considered on the next returnable date.

By way of interim measure, it is directed that the petitioner shall not be arrested by the Enforcement Directorate, Government of India till the next

date.

 [6] List the matter on 05.02.2021.

[7] In the meantime, Mr. S.Suresh, learned ASG is permitted to file any objection to the application. It is made clear that during this period i.e. upto

05.02.2021, the petitioner shall extend full co-operation with the investigation by the Enforcement Directorate, Govt. of India.

Copies of this order shall be sent to the learned counsels appearing for the parties through their WhatsApp/e-mail.