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Bombay High CourtCRIR/22/2024disposed of

Digambar Vasant Kamat v. Directorate Of Enforcment, Govt. Of India, Thr. Rajesh Nair And ANR

2026-03-13Hon'Ble Shri Justice Ashish S. Chavan3 pages

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IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO.22 OF 2024 DIGAMBAR VASANT KAMAT ... APPLICANT

Versus

DIRECTORATE OF ENFORCMENT, GOVT. OF INDIA, THR. RAJESH NAIR AND ANR ... RESPONDENTS WITH CRIMINAL REVISION APPLICATION NO.625 OF 2021 (F) CHURCHIL ALEMAO ... APPLICANT

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DIRECTORATE OF ENFORCMENT, GOVT. OF INDIA, THR. RAJESH NAIR, ASST. DIRECTOR AND ANR., ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.288 OF 2025 (F) IN CRIMINAL REVISION APPLICATION NO.625 OF 2021 (F) CHURCHIL ALEMAO ... APPLICANT

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DIRECTORATE OF ENFORCMENT, GOVT. OF INDIA, THR. RAJESH NAIR, ASST. DIRECTOR AND ANR., ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.281 OF 2025 (F) IN CRIMINAL REVISION APPLICATION NO.22 OF 2024

DIGAMBAR VASANT KAMAT ... APPLICANT

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DIRECTORATE OF ENFORCMENT, GOVT. OF INDIA, THR. RAJESH NAIR ... RESPONDENTS Mr. Parag Rao, Advocate for the Applicant in CRIR No.22/2024 and for Respondent No.2 in CRIR No.625/2021(F).

Mr. Sahil Sardesai, Advocate for the Applicant in CRIR no.625/2021(F) and CRMA No.288/2025(F) and for Respondent No.2 in CRIR No.22/2024.

Mr. Nikhil Vaze, Additional Public Prosecutor for State in CRIR No.22 of 2024 and CRIR No. 625 of 2021(F).

Mr. S. Samant, Retainer Counsel for Enforcement Department with Mr. Pranav Vaze, Advocate for Respondent No.1 in CRIR No.22/2024 and CRIR No.625/2021(F).

CORAM:- ASHISH S. CHAVAN, J.

DATED :- 13th March, 2026 P.C.:

1.

After hearing the respective Counsels, the questions that would fall for consideration in the present Revision Application are a) whether the order dated 21.07.2018 demonstrates application of mind and whether the cognizance and subsequent summons have

been issued by the learned District Judge in consonance with the established principles of law and the guidelines of the Hon'ble Supreme Court in the matter of issuance of process and b) whether a sanction was required as contemplated under Section 197 of Cr.P.C. to initiate prosecution against the Applicant who admittedly was a public servant at the relevant time.

2.

Mr. Samant, learned Retainer Counsel for Enforcement Department would also seek some time to place on record the application, if any, made by the Enforcement Department to obtain sanction and initiate prosecution against the Applicant, under an affidavit. Time as prayed for is granted. Affidavit to be filed on or before the next date of hearing with an advance copy to the learned Advocate for the Applicant.

3.

Respective Counsels to tender a compilation of judgments and the short synopses of their submissions on the next date of hearing. 4.

List the matter for compliance and arguments, on 06.04.2026. ASHISH S. CHAVAN, J.