Mohan Kumar Jain v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Mohan Kumar Jain .. Petitioner -vs1. The Deputy Director, Enforcement Directorate, Chennai Zonal Office-1, No.2, 5th & 6th Floor, BSNL Administrative Building, Kush Kumar Road, Nungambakkam, Chennai 600 034.

2. The Adjudicating Authority (PMLA), Room No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of A. Writ of Certiorari to call for the records on the file of the 2nd respondent-Adjudicating Authority in its recording of 'Reasons to

believe' vide OA/109/2025 in ECIR/CEZO-I/61/2021 dated 24.04.2025 and quash the same as it is unreasonable, illegal, improper and inherently perverse; B. Writ of Certiorarified Mandamus to call for the records on the file of the 2nd respondent-Adjudicating Authhority in its impugned order vide OA No.109 of 2025 dated 12.08.2025 and quash the same as it is unreasonable, illegal, improper and inherently perverse; and consequently, direct the 1st respondent to return the digital devices seized on 12.03.2025, 13.03.2025 & 21.03.2025 as mentioned in the schedule hereunder. (Prayer amended as per the order of this Court dated 13.10.2025 in WP MP Crl.No.331 of 2025 and WMP No.20290 of 2025 in W.P.) For Petitioner :

Mr.Nithyaesh Nataraj for Mr.Anirudh A Sriram For Respondents :

Mr.N.Ramesh Spl. Public Prosecutor (ED) * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Though number of grounds have been urged, in the absence of any valid ground of violation of principles of natural justice, lack of jurisdiction much less malafide, we are not inclined to entertain this petition and go into the legality and validity of the order passed by the Adjudicating Authority in view of existence of an efficacious and

alternative statutory remedy of appeal before the Appellate Authority.

2. Taking into consideration that the order passed by the Adjudicating Authority was challenged before this Court before expiry of the period of limitation for filing appeal, it is directed that if the petitioner files an appeal within a period of 45 days from today, the appeal shall be heard on its own merits, without allowing any objection to maintainability on the ground of limitation. Petition is, accordingly, dismissed. There shall be no order as to costs. Consequently, the interim application stands closed. (MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 28.11.2025 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN, J.

(sra) To

1. The Deputy Director, Enforcement Directorate, Chennai Zonal Office-1, No.2, 5th & 6th Floor, BSNL Administrative Building, Kush Kumar Road, Nungambakkam, Chennai 600 034.

2. The Adjudicating Authority (PMLA), Room No.26, 4th Floor, Jeevan Deep Building, Parliament Street, New Delhi 110 001.

28.11.2025