Page No.# 1/4 GAHC010035632026 2026:GAU-AS:6507 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/388/2026 SHRI SANTOSH KUMAR CHOUDHARY SON OF SHRI SHIV SHANKAR CHOUDHARY PERMANENT RESIDENT OF VILL- BACHHWARA, P.O. AND P.S. BACHHWARA, DIST. BEGUSARAI, BIHAR, PIN CODE-851111 VERSUS DIRECTORATE OF ENFORCEMENT, REPRESENTED BY THE LEARNED STANDING COUNSEL , DIRECTORATE OF ENFORCEMENT. Advocate for the Petitioner : MR. A BHATTACHARYA, MS ANKITA SAHARIA,MR S PAUL,MR. A BHATTACHARJEE,MS. K MALAKAR Advocate for the Respondent : SC, ED, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 12-05-2026 Heard Mr. A. K. Bhuyan, learned Senior Counsel appearing for the accused-applicant, Shri Santosh Kumar. Also heard Mr. R. Dhar, learned Retainer Counsel, ED. Page No.# 2/4 2. This is an application filed under Section 482 of BNSS, 2023, by the accused-applicant, 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-applicant is that, in the year 2015, a Preliminary Enquiry (P.E.) was registered and initiated against the accused-applicant, 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-applicant 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-applicant. After coming to know about the aforesaid FIR, the accused-applicant apprehending arrest in connection with the aforesaid case, preferred an anticipatory bail application and vide, order dated 20.04.2024, this Court has granted him the privilege of pre-arrest bail. In terms of the aforesaid pre-arrest bail order, the accused-applicant appeared before the investigating authority and his statement was recorded by the I/O. 4. After completion of the investigation and after seizure of necessary documents, the I/O submitted charge-sheet 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- applicant, under Sections 13(1)(b)/13(2) of the PC Act. The accused-applicant appeared before the learned Special Judge, Assam, on 21.02.2025 and on the Page No.# 3/4 same date, he was allowed to go on bail and since then the accused-applicant has been regularly appearing on each and every date fixed in the said case. 5. The accused-applicant recently received summons issued by the Directorate of Enforcement, calling upon him 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 by Mr. A. K. Bhuyan, learned Senior Counsel appearing for the accused-applicant that in spite of the best efforts, the accused-applicant 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-applicant has approached this Court by filing the instant anticipatory bail application. 7. After considering the submissions at the bar, the petitioner was 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 Page No.# 4/4 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 petitioner 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 Comparing Assistant