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2026 DAILYLAW 18928 (BOM)

SAGAR PARESH MEHTA v. THE DIRECTORATE OF ENFORCEMENT AND ORS

WP/4525/2026 · 2026-10-14

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Judgment text

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903-wp.4525.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4525 OF 2026 Sagar Paresh Mehta (Through his Mother Sangita Paresh Mehta) ...Petitioner Versus The Directorate of Enforcement Through its Assistant Director, Mumbai Zone-II and Ors ...Respondents Mr. Aditya Mithe with Mr. Sachin Agawane, Ms. Esha Joshi, Mr. Bhavesh Kadam and Ms. Jayani Banerjee for the Petitioner Mr. Anil Yadav for the Respondent No.1-Directorate of Enforcement (ED). Mr. Kuldeep Patil with Mr. Digvijay Kachare, Mr. Anay Joshi, Mr. Sumitkumar Nimbalkar and Ms. Yukta Sawant for the Respondent No.2-Central Bureau of Investigation (CBI). Ms. Sangeeta D. Shinde, A.P.P. for the Respondent No.4-State. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 14th OCTOBER 2026 P.C. : 1. In continuation of our order dated 13th October 2026, the learned counsel, Mr. Yadav, appearing for the Directorate of Enforcement (‘ED’), has returned with instructions. However, N. S. Chitnis 1/4 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.10.14 18:13:39 +0530 903-wp.4525.2026.doc according to him, the ED is not aware whether the petitioner has been released in accordance with Federal Law No. 39 of 2006, which is in force in the United Arab Emirates (‘U.A.E’). 2. Since the petitioner has made a categorical statement that he has been released by taking recourse to Article 15 of the Federal Law No.39 of 2006 on International Judicial Co-operation in Criminal Matters, in operation in U.A.E and since he was subjected to a Red Corner Notice (‘RNC’) which was issued by the Central Bureau of Investigation (‘CBI’) at the instance of the Directorate of Enforcement, the counsel for the petitioner on instructions submits before us, that the petitioner is desirous of returning to the country and he shall make every endeavour to return back to India, within 72 hours from today. We request the learned counsel for the petitioner to forward the petitioner’s travel itinerary to the CBI, which issued the RCN, as well as to the ED, being the investigating agency. The learned counsel for the petitioner shall also furnish the petitioner’s mobile number and permanent residential address, which shall be verified by N. S. Chitnis 2/4 903-wp.4525.2026.doc the agencies before the petitioner lands in India. 3. Upon his arrival in India, the petitioner shall, within 24 hours, report to the Investigating Officer/ED at Worli, Mumbai, who shall interrogate the petitioner, he being arraigned as an accused in the ECIR registered by the ED under the Prevention of Money Laundering Act (‘PMLA’). We direct the petitioner to extend full co-operation in the investigation. If the Investigating Officer is of the view that the petitioner’s arrest is warranted, we permit the Investigating Officer to arrest him, needless to state, by following due procedure of law. Since the petitioner has expressed his willingness to return to India and co-operate with the Investigating Officer, the RCN and the Look Out Circular (‘LOC’) issued by the CBI, as well as the non- bailable warrant (‘NBW’) issued against him by the competent authority, shall remain in abeyance for a period of seven days from the date of this order. N. S. Chitnis 3/4 903-wp.4525.2026.doc With the aforesaid directions, the Writ Petition stands disposed of. All concerned to act on the authenticated copy of this order. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 4/4