Bmx Motion Pictures Private Limited v. Union Of India, Through The Secretary, Ministry Of Finance, Department Of Revenue And ANR.

19 12.09.2023 NB Ct. 14 WPA 19259 of 2023 BMX Motion Pictures Pvt. Ltd.

Vs.

Union of India, through the Secretary, Ministry Of Finance, Department of Revenue & Anr.

Mr. Sabir Ahamed, Ms. Suman Biswas.

...for the petitioner.

Ms. Debjani Ray.

...for the ED.

A copy of the Master Data to the company showing that the Executing Director of the said company, as filed on behalf of the petitioner is taken on record.

A copy of the same is handed over to the learned counsel for the Enforcement Directorate.

It is contended on behalf of the petitioner that the executant is a Director of the petitioner company and as such, is authorised by the Board of Directors to affirm this affidavit. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner company was served with a notice under Section 50 of the PML Act. It complied with such notice. Although the Enforcement Directorate is not asking them in writing not to release and screening the movie, "Aazam" in question, they are nevertheless verbally directing the petitioner not to release and screen the movie. Learned counsel appearing on behalf of the Enforcement Directorate submits as follows. The allegations made in the writ petition are denied. The Enforcement Directorate has

already identified the proceeds of crime and is acting in accordance with law to deal with the same. The investigation is going on in this regard. The ED has never asked and are not asking the petitioner not to release or screen the movie, "Aazam" in question.

As the Enforcement Directorate has submitted that they never asked and are not insisted upon the petitioner not to release or screen the movie in question, the prime grievance of the petitioner has already been redressed. Accordingly, no further order need be passed in this regard.

The petitioner shall be at liberty to release or screen the movie, "Aazam" in question.

With these observations, the writ petition is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)