Cattle smuggling case: Delhi HC seeks ED stand on Anubrata Mondal's plea claiming "illegal custody" in Tihar jail

New Delhi [India], May 30 : The Division bench of Delhi High Court on Tuesday issued notice to the Enforcement Directorate (ED) on a Habeas Corpus petition moved by the Trinamool Congress (TMC) leader Anubrata Mondal claiming he is in illegal custody in
Tihar Jail in connection with cattle smuggling case.
The bench of Justice Siddharth Mridul and Justice Talwant Singh on Tuesday sought reponse from the Enforcement Directorate and listed the matter for June 9, 2023.
Petitioner was represented by Senior Advocate Dayan Krishnan alongwith Advocate Mudit Jain in Delhi High Court.
Mondal is presently in Tihar Jail of Delhi in a cattle smuggling case, he had earlier sought his transfer to Asansol Correctional Home (West Bengal).
The trial Court had recently rejected the plea and said the application is without any merit or substance.
Earlier ED in its reply had opposed the Anubrata Mondal plea and stated that the CBI Court of West Bengal which is presently examining the Scheduled Offence, may call the accused when required. ED also opposed the plea on maintainability grounds.
Anubrata Mondal last month had approached Delhi's Rouse Avenue Court and stated that he is facing criminal prosecution in the Scheduled Offence (CBI Case) pursuant to a Charge-Sheet filed before Special Judge, CBI Court Asansol, West Bengal in the alleged Scheduled Offence.
Anubrata's application further stated that he is presently in judicial custody and lodged in Tihar Jail and his custodial remand got over on 21.03.2023 and presently, no proceedings are pending against the accused herein in Delhi, as the Directorate of Enforcement has not filed any Prosecution Complaint against the Accused herein till now.
The Enforcement Directorate has recently brought Anubrata Mondal to Delhi after arresting him in a money laundering case revolving around cattle smuggling case.
Appearing for Mondal, Advocate Mudit Jain earlier submitted that the investigations conducted are closed doors investigations without any sight visit, which makes them lazy and unenterprising.
Trinamool Congress (TMC) leader Anubrata Mondal's default bail plea was recently dismissed by the trial Court and presently examining by the Delhi High Court.
Anubrata Mondal, Trinamool Congress party's president of Birbhum district Anubrata Mondal and said to be a close aide of chief minister Mamata Banerjee was earlier arrested by the CBI in connection with the same case in July last year.
Recently ED arrested him in the alleged multi-crore cattle smuggling scam after questioning him inside the Asansol jail where he was lodged.
In the case, the court earlier noted that this case of ED is based upon the Scheduled Offence (CBI case), the proceedings of which are going on there at Asansol, West Bengal in a CBI Court and some accused have been running into Judicial custody in connection with those proceedings of the CBI case.
During Sehegal Hussain's (another accused) hearing, the ED had agitated that sources for funding of immovable and movable assets acquired by the accused are to be ascertained and for that purpose, the accused is required to be confronted with certain other persons including his close relation so as to trace the trails of tainted money which allegedly runs into crores of rupees.