West Bengal cattle smuggling case: Delhi HC issued notice to ED on Enamul Haque bail plea

New Delhi: The Delhi High Court on Friday issued notice to the Enforcement Directorate (ED) on the bail plea of Enamul Haque, arrested in connection with a Prevention of Money Laundering case pertaining to cattle smuggling across the India-Bangladesh border in West Bengal.

The Bench of Justice Jyoti Singh on Friday sought a response from the Enforcement Directorate while fixing it for July 11, 2022 for detail arguments. Senior Advocate Vikas Pahwa and Advocate Gaurav Kakar appearing for Enamul Haque submitted before the court that it's a completely frivolous case, ED in the last two years failed to identify any proceeds of crime, thus no offence of Money Laundering is made out against Enamul Haque. He has spent more than 18 months in custody in three different prosecutions launched by CBI and ED relating to one transaction. His arrest is illegal and is against the tenets of Law.

Lawyers for Haque further submitted that ED never arrested him while he was in the CBI custody for 14 months and only after he was granted bail by the Supreme Court, that ED arrested him in a few weeks of his release. He's conducting legitimate business and paying his taxes honestly.

The transactions alleged in the Complaint are not prima facie linked with each other. The High Court has issued notice on his regular bail today and directed the ED to file a reply for the next date of hearing fixed for July 11.
In April, the trial court had taken cognizance of a charge sheet filed by ED against former Trinamool Congress youth wing leader Vinay Mishra, his brother Vikas Mishra and Mohammad Enamul Haque, the alleged kingpin of a cattle smuggling racket across the India-Bangladesh border.
The trial court noted that the prosecution complaint (Chargesheet) has been filed by the ED under Sections 44 and 45 of the Prevention of MoneyLaundering Act, 2002 for the commission of an offence under Sections 3 and 70 of PMLA punishable under Section 4 of PMLA.

Special Judge CBI Sanjay Garg, while toom cognizance of the ED Chargesheet, said that he had gone through the complaint and the accompanying documents and there was sufficient material to proceed against the accused. Accordingly, the cognizance of the offence under Sections 3 and 70 PMLA punishable under Section 4 PMLA was taken.
Earlier in January, the Supreme Court had granted him bail in CBI case. The bench of Justice DY Chandrachud and Justice Dinesh Maheshwari had granted bail to Haque in a case involving the smuggling of cattle on the India-Bangladesh border with the help of the Border Security Force (BSF) commandant at the Murshidabad border, West Bengal.
It was alleged that the smuggling of cattle was carried out at Haque's instance and he paid bribes to the security personnel to facilitate the trade.
Earlier, the CBI had also arrested Haque and contented that he had taken advantage of the porous borders to move items across.
The CBI had contended that Haque is an influential man since he managed to enter India through the border despite "Look Out Circular". "If he is released it would render further investigation vulnerable," contended the CBI. (ANI)