Yogendra Kumar Jaiswal v. The State Of Bihar Through Special Vigilance Unit, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1265 of 2017 Arising Out of PS. Case No.-3 Year-2007 Thana- VIGILANCE District- Patna ====================================================== Yogendra Kumar Jaiswal, S/o late Jagannath Prasad, resident of Professor Colony Shivpuri, P.S.- Shastrinagar, Distt.- Patna 800023. ... ... Petitioner

Versus

1.

The State of Bihar through Special Vigilance Unit, Patna. 2.

Joint Director, Directorate of Enforcement, Government of India, New Delhi.

3.

Dy. Director, Directorate, of Enforcement, Government of India (Zonal Office), Bank Road, Patna 800001.

4.

Union of India, Ministry of Finance through Director, Enforcement Directorate, Lok Nayak Bhawan, 7th Floor Khan Market, New Delhi. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. P.N. Shahi, Senior Advocate Mr. Hemant Kumar, Advocate For the Respondents :

Mr. Ram Vikram Singh, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-02-2023 Heard learned counsel for the parties.

The property, in question, has been attached by the Enforcement Directorate. Now, the State Government is also wanting to confiscate the same property.

The petitioner may contest the confiscation proceeding in the Enforcement Directorate before appropriate authority. The State Government may raise all the grounds, as available under the law, for their confiscation before the authority concerned. The property, in question, shall be abide by

Patna High Court CR. WJC No.1265 of 2017(5) dt.25-02-2023 2/2 the order of the authority under the Prevention of Money Laundering Act, 2002.

With the aforesaid observations and directions, this application stands disposed of.

(Sandeep Kumar, J) Vikas/ Pawan U T