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2026 DAILYLAW 20140 (DEL)

JAYESH RAMANLAL DESAI v. DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA

CRL.M.C./7207/2026 · 2026-09-25

Sachin Datta

body2026

Judgment text

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$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010461542026 + CRL.M.C. 7207/2026, Crl.M.A. 30110/2026, Crl.M.A. 30111/2026 JAYESH RAMANLAL DESAI .....Petitioner Through: Mr. Mohit Mathur, Sr. Adv. alongwith Mr. Dhairya Gupta, Mr. Siddharth Jain, Advocates. versus DIRECTORATE OF ENFORCEMENT GOVERNMENT OF INDIA .....Respondent Through: Mr. Zoheb Hossain, Sr. Adv. along with Mr. Vivek Gurnani, PC, Mr. Kanishk Maurya, Advocates. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA % 25.09.2026 O R D E R CRL.M.C. 7207/2026 & Crl.M.A.30109/2026 (State of NBW dated 01.08.2026) 1. The present petition has been filed by the petitioner seeking quashing of the open-ended Non-Bailable Warrant (NBW) dated 01.08.2026, issued by the learned Special Judge, PMLA, South-West District, Dwarka Courts, New Delhi on an application filed by the Directorate of Enforcement. 2. It transpires that in the prosecution’s complaint under Sections 44 and 45 of the Prevention of Money Laundering Act, 2002 (“PMLA”) in CC No. 608/2026, the petitioner herein has not yet been arrayed as an accused. 3. Mr. Mohit Mathur, learned senior counsel for the petitioner, submits that the petitioner is also not named in the predicate offence. The said NBW arises from the petitioner’s failure to respond to the four summons under This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2026 at 14:00:02 Section 50 of the PMLA. 4. The petitioner failed to appear pursuant to the aforesaid summons. It can be seen from the correspondence appended as Annexure P2 that the explanations for the same, as offered on behalf of the petitioner, are not quite satisfactory. 5. At the same time, this Court notices that: (i) The petitioner is not yet an accused in any prosecution complaint; (ii) The warrants were sought and issued before the prosecution complaint was filed and is an open ended warrant; and (iii) the object of the open ended warrant, is only to secure the petitioner’s presence. 6. Mr. Mohit Mathur, learned senior counsel for the petitioner submits, on instructions that the petitioner shall appear before the concerned investigating officer on 05.10.2026 at 10:30 AM, alongwith the documents sought for vide the impugned summons. 7. In view of the aforesaid undertaking, the operation of the impugned NBW dated 01.08.2026 shall remain stayed till the aforesaid date. 8. No further orders are required to be passed in the present petition and the same is accordingly disposed of. 9. Needless to say, all rights and remedies of the parties are expressly reserved. 10. Pending application/s also stand disposed of. SACHIN DATTA, J SEPTEMBER 25, 2026/at/ka/nb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/09/2026 at 14:00:02