West Bengal cattle smuggling case: Delhi Court extends Sehegal Hossain ED remand by 8 days

New Delhi [India], October 28 : The Rouse Avenue Court of Delhi on Friday extended the ED remand of former Trinamool Congress (TMC) leader Anubrata Mondal's bodyguard, Sehegal Hossain by eight further days in connection with West Bengal cattle smuggling case.
The Special Judge Raghubir Singh while allowing ED's remand application stated that, "material available on record as well as in the light of arguments addressed on this application, further custody of the accused for 08 days is being granted to the ED which shall be in consonance with the terms and conditions imposed earlier.
The Court noted that this case of ED is based upon the Scheduled Offence i.e. the CBI case, the proceedings of which are going on there at Asansol, West Bengal in a CBI Court and the present accused has been running into JC in connection with those proceedings of the CBI case.
The ED had formally arrested the accused there in West Bengal while in jail and thereafter, with the permission/order of this Court, now it is being agitated that further custody of more days is required as the cases of money laundering under the Act of 2002 have certain intricacies which require a minute and thorough investigation.
ED also agitated that sources for funding of immovable and movable assets acquired by the accused are to be ascertained and for that purpose, the present 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, noted the court.
Special Public Prosecutor Nitesh Rana appeared for the Enforcement Directorate in the matter. Advocates Manu Sharma, Kshitiz Kumar, Shamboo Nandy and Gyanendra Kumar appeared for the accused Sehegal Hossain in the matter.
The same Court recently directed Jail Superintendent, Asansol Correctional Home, Asansol, Pashmim Bardhaman, West Bengal to produce accused Sehegal Hossain before this Court.
The Rouse Avenue Court production warrant was later challenged by Sehegal Hossain in Delhi High Court and Supreme Court of India but didn't get any relief and stay on the production warrant by the trial court.
Earlier, ED while seeking issuance of a production warrant had informed the Court that accused Sehegal Hossain is not included in the list of 12 accused persons so arrayed in the Complaint and Supplementary Complaint. However, he is in judicial custody in connection with the Scheduled Offence lodged by the CBI there in the State of West Bengal and as apprised during the course of arguments, he has also been taken into formal custody by the ED as on 07.10.2022 in pursuance of the permission of custodial interrogation order dated 28.09.2022 obtained from the CBI Court there in the State of West Bengal.
In April, the trial court took cognizance on 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 offense under Sections 3 and 70 of PMLA punishable under Section 4 of PMLA.
The Trial Court judge while taking 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 Enamul Haque 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.