ED As Investigation Agency Is Responsible To Provide Details Of Custody Period In Suspension Of Sentence Plea: Punjab & Haryana HC

The Punjab & Haryana High Court has said that the Enforcement Directorate (ED) is responsible to provide details of custody in plea filed for suspension of sentence, wherever it is investigating agency.

Chief Justice Sheel Nagu and Justice Sumeet Goel said, "It is directed that henceforth in all the applications for suspension of sentence, it would be the responsibility of the Enforcement Directorate, wherever it is Investigating Agency, to supply details about the custody period suffered by convicted appellant(s) by coordinating with the State agency."

The Court was hearing an application for suspension of sentence, filed by Subhash Bajaj in money laundering case pending since 2024. 

Bajaj was convicted by a PMLA court in Mohali on July 30, 2024 in a drug racket case. He was sentenced to five-year of imprisonment.

The Court noted that in reply by the prosecuting agency i.e. Enforcement Directorate has been filed on 10.09.2024, but it does not contain details about the period of custody undergone.

However, counsel representing ED submitted that the custody details are given by the State.

"The prosecuting agency, which opposes an appeal or application for suspension of sentence, is supposed to provide all the details including details about the custody suffered whether it is during the under-trial period or post conviction," observed the Court.

The plea is listed for February 24, for further consideration.

Mr. Bipan Ghai, Senior Advocate, with Mr. Nikhil Ghai, Advocate, Mr. Tushan Rawal, Advocate, for the appellant.

Mr. Satya Pal Jain, Addl. Solicitor General of India (through video conferencing), with Ms. Meghna Malik, Advocate,

Mr. Shobit Phutela, Advocate (through video conferencing), for the respondent – Enforcement Directorate.

Mr. Salil Sabhlok, Senior Deputy Advocate General, Punjab.

Title: Subhash Bajaj @ Subhash Chander Vs Enforcement Directorate, Government of India

Click here to read/download the order