'ED Can't Arrest After Court Takes Cognizance' : Supreme Court Grants Anticipatory Bail To Odisha Officer In Money Laundering Case

The Supreme Court on Monday granted anticipatory bail to Odisha Administrative Service (OAS) Officer Bijay Ketan Sahoo, who is accused of money laundering filed by the Directorate of Enforcement (ED) in connection with a disproportionate assets case.

A bench of Justice Abhay Oka and Justice Augustine George Masih made absolute an order dated June 24, 2024 granting Sahoo interim protection from arrest. The court relied on the judgment in Tarsem Lal v. Directorate of Enforcement, which held that ED cannot arrest an accused under Section 19 (power to arrest) of the Prevention of Money Laundering Act after the Special Court has taken cognizance of the complaint.

“The case is covered by decision of this court in Tarsem Lal v. Directorate of Enforcement. Hence interim order dated 24 June 2024 is made absolute”, the court said in the order.

Sahoo sought anticipatory bail in a money laundering case alleging that he possessed disproportionate assets worth Rs. 5 Crores. The case stems from an FIR lodged against Sahoo, his wife Nalini Prusty, a State Financial Official, and several other family members for possessing assets disproportionate to their income.

This led to an investigation by the ED under the PMLA, and summons were issued to Sahoo for appearance by the Special Court in Bhubaneswar. Sahoo and his wife are alleged to have acquired various properties, including six plots and a triple-storied structure in Bhubaneswar, under the name of a relative who could not show any independent source of income.

The Supreme Court had granted him interim protection after his counsel clarified that Sahoo had been cooperating in the investigation for three years without arrest, and the anticipatory bail petition was filed only after a summons notice was issued by the PMLA Court.

Case no. – SLP (Crl.) No. 8325/2024

Case Title – Bijay Ketan Sahoo v. Enforcement Directorate

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