Page No.# 1/5 GAHC010036342026 2026:GAU-AS:6506 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/387/2026 SMTI SARASWATI CHOUDHARY AND 2 ORS. W/O SHRI SANTOSH KUMAR CHOUDHARY PRESENTLY RESIDING AT NORTH GUWAHATI, NEAR DOUL GOVINDO MANDIR, P.O. NORTH GUWAHATI, P.S. CHANGSARI, DIST. KAMRUP, PI CODE-781030 CONT. NO. 7002325501 2: SHRI SHIV SHANKAR CHOUDHARY S/O LATE SHRIKANTH CHOUDHARY RESIDENT OF VILL- BACHHWARA P.O.A ND P.S. BACHHWARA DIST. BACHHWARA PIN CODE-851111 CONTACT NO. 9771525762 3: SHRI BISHWANATH CHOUDHARY S/O LATE SHRIKANTH CHOUDHARY RESIDENT OF VILL- BACHHWARA P.O. AND P.S. BACHHWARA DIST. BCHHWARA PIN CODE-851111 CONTACT NO. 700263644 VERSUS THE DIRECTORATE OF ENFORCEMENT, REPRESENTED BY THE LEARNED STANDING COUNSEL, DIRECTORATE OF ENFORCEMENT Advocate for the Petitioner : MR. A BHATTACHARYA, MR S PAUL,MS ANKITA SAHARIA,MS. K MALAKAR,MR. A BHATTACHARJEE Advocate for the Respondent : SC, ED, Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 12-05-2026 Heard Mr. A. K. Bhuyan, learned Senior Counsel appearing for the accused-applicants, namely, 1. Smti. Saraswati Choudhary, 2. Shri Shiv Shankar Choudhury and 3. Shri Bishwanath Choudhary. Also heard Mr. R. Dhar, learned Retainer Counsel, ED. 2. This is an application filed under Section 482 of BNSS, 2023, by the accused-applicants, seeking pre-arrest bail in connection with the investigation or proceedings by the Directorate of Enforcement, under the Prevention of Money Laundering Act, 2002. 3. The case of the accused-applicants is that, in the year 2015, a Preliminary Enquiry (P.E.) was registered and initiated against one Shri Santosh Kumar Choudhury, who is the husband of the accused-applicant no. 1, son of the accused-applicant no. 2 and nephew of the accused-applicant no. 3, on the basis of a complaint dated 08.03.2015, filed by two persons, namely, Partha Gogoi and Dipak Das; that after five years from the registration of the Preliminary Enquiry, the Investigating Officer registered a Regular Enquiry being R.E. No. 02/2020 and started the investigation; that after a period of four years, the accused-applicants came to learn that the aforesaid Regular Enquiry had been converted into a formal FIR and CM’s Vigilance P.S. Case No. 04/2024, under Sections 13(1)(b)/13(2) of the Prevention of Corruption Act, 1988, has been registered against the accused-applicants. After coming to know about the Page No.# 3/5 aforesaid FIR, the accused- applicant nos. 1 & 2, apprehending arrest in connection with the aforesaid case, preferred an anticipatory bail application and this Court has granted them the privilege of pre-arrest bail. In terms of the aforesaid pre-arrest bail order, the accused-applicant nos. 1 & 2 appeared before the investigating authority and their statements were recorded by the I/O. 4. After completion of the investigation and after seizure of necessary documents, the I/O submitted offence report in connection with the aforesaid case, which was registered as Special Case No. 57/2024. Accordingly, the learned Special Judge took cognizance of the offences against the accused- applicants, under Sections 13(1)(b)/13(2) of the PC Act. The accused-applicants appeared before the learned Special Judge, Assam, on 21.02.2025 and on the same date, they were allowed to go on bail and since then the accused- applicants have been regularly appearing on each and every date fixed in the said case. 5. The accused-applicants recently received summons issued by the Directorate of Enforcement, calling upon them to appear and to give evidence and to produce records in relation to investigation or proceedings under the Prevention of Money Laundering Act, 2002. It is submitted before the Bar by Mr. A. K. Bhuyan, learned Senior Counsel for the accused-applicants that in spite of the best efforts, the accused-applicants could not ascertain whether any ECIR or any complaint had been registered by the Directorate of Enforcement under the Prevention of Money Laundering Act, 2002. 6. On receipt of the summons, apprehending arrest, the accused-applicants have approached this Court by filing the instant anticipatory bail application. Page No.# 4/5 7. After considering the submissions at the bar, the petitioners were granted interim bail by this Court vide order dated 23.03.2026. 8. It is submitted by the Retainer Counsel, ED, Mr. R. Dhar that a status report relating to PMLA Case No. ECIR/GWZO-I/20/2024 has been received and a part of the status report is quoted herein below :- “(i) Summons have been issued to all accused persons and their statements have been duly recorded under Section 50(2) and 50(3) of the PMLA. (ii) The accused persons have submitted documents in support of their statements, and the same are being examined and corroborated with the evidence gathered during investigation. (iii) At the present stage of investigation, which is at a preliminary stage, to comment whether the accused person is required to be arrested or not, will be premature. (iv) The investigation is still underway, and this Directorate reserves its right to take such further action as may be warranted upon completion of investigation.” 9. Considering the submissions at the bar and considering the entire aspect of the matter, the interim order dated 23.03.2026 is hereby made absolute under the condition that :- The petitioners shall appear before the Investigating Agency as and when called for. 10. In terms of the above observation, this petition stands disposed of. 11. The status report is kept as a part of the record. JUDGE Page No.# 5/5 Comparing Assistant