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Trinamool leader's daughter moves Delhi HC seeking quashing of ED complaint
New Delhi, May 24
Sukanya Mondal, the daughter of Trinamool Congress stromgman Anubrata Mondal, has approached the Delhi High Court seeking the dismissal of Enforcement Directorate's complaint and all subsequent proceedings related to the alleged multi-crore cattle smuggling scam.
The father-daughter duo is presently in judicial custody for their alleged involvement in the case.
The bench of Justice Dinesh Kumar Sharma has posted the matter for hearing on August 9, after the ED's counsel argued that Sukanya's bail plea is pending before the trial court and is scheduled for a hearing on May 26.
During the hearing, Sukanya's counsel said: "This is a quashing petition aimed at dismissing the ED complaint and its consequential proceedings. I am also challenging her arrest."
The counsel argued primarily on one ground citing apex court's judgement in the case of Vijay Madanlal Choudhary vs Union of India.
"That judgement states that if the accused is not involved in the predicate offence, they cannot be implicated in the scheduled offence," said Sukanya's counsel, while claiming that her case falls squarely within the purview of this judgement.
Sukanya's counsel also contended that in order for her to be prosecuted for money laundering under Section 3 of the Prevention of Money Laundering Act (PMLA), she must be accused of the scheduled offence.
It was also highlighted by her counsel that only Sukanya, and not her father, is accused in the ED case, as her father is accused in the CBI case related to scheduled offence.
On April 27, the ED had arrested Sukanya, a primary school teacher in West Bengal's Birbhum district, after quizzing her for her alleged involvement in the case.
Earlier, the agency had said that her custody was required to trace the proceeds of crime, establish the money trail and the modus operandi.
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