'Order Taking Cognizance Of PMLA Complaint Quashed' : Supreme Court Grants Bail To Ex-IAS Officer In Chhattisgarh Liquor Scam

The Supreme Court today (April 15) granted bail to former IAS officer Anil Tuteja in a money laundering case arising out of the alleged Chhattisgarh liquor scam, noting that the order of trial court taking cognizance of the money laundering case has been set aside.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the principles laid down in V. Senthil Balaji v. Deputy Director would apply to the present case, as Tuteja has been under incarceration for about a year and no cognizance order exists as of today.“Thus, the factual position which emerges is – (a) As of today there is no order taking cognizance, (b) Appellant has undergone incarceration of about a year, (c) There are 20 accused who will have to be heard on charge. (d) More than 30 prosecution witnesses have been cited. The maximum sentence which can be imposed in this case is of imprisonment of 7 years. Therefore, the principle laid down by this court in V. Senthil Balaji v. The Deputy Director judgment will apply”, the Court observed.The Court also directed the Central Government to immediately exercise its powers under Section 43(1) of the PMLA, in consultation with the Chief Justice of the High Court, to designate a Sessions Judge as the presiding officer of the Special PMLA Court in Raipur, so that the case can be taken up for consideration of the ED's prayer for taking cognizance.The Court noted that Tuteja was arrested on April 21, 2024, on the basis of a complaint filed by the Enforcement Directorate under Section 44 of the Prevention of Money Laundering Act, 2002 (PMLA). Cognizance of the complaint was taken by the Special Court on October 5, 2024.However, on April 2, 2025, the Chhattisgarh High Court set aside the order taking cognizance by the Special Court holding that cognizance was taken without obtaining sanction under Section 197 of the CrPC (Section 218 of the Bharatiya Nagarik Suraksha Sanhita). The Supreme Court noted that this High Court order had not been challenged, and as of now, no valid order taking cognizance exists in the case.The Court also noted that in a similar situation, bail was granted to co-accused Arun Pati Tripathi by the Supreme Court by order dated February 12, 2025. The Court had granted bail to Tripathi after observing that the order taking cognizance against him had also been quashed due to the absence of sanction. The Court had then questioned the ED for keeping the accused in custody despite the absence of a valid cognizance order. It had also expressed concern about the ED not disclosing this fact during the hearing and directed the release of Tripathi on bail, subject to stringent conditions.During the hearing today, Additional Solicitor General SV Raju opposed bail, arguing that Tuteja is a very influential person and has the propensity to tamper with the prosecution. The Court stated that stringent conditions can be imposed while granting bail.The Court directed the ED to produce Tuteja before the Court of the Principal District and Sessions Judge of the concerned district to complete the bail formalities. The Court passed this direction noting the ASG's submission that the Special Court constituted under Section 43(1) of the PMLA is currently vacant due to the absence of a judicial officer.The Sessions Court shall enlarge the appellant on bail, subject to stringent terms and conditions to be fixed after hearing the ED, the Court held. The conditions include the surrender of passport and furnishing of an undertaking to the Special Court that, if cognizance is taken in the future, Tuteja will regularly and punctually attend the proceedings and cooperate with the Special Court for early disposal of the case. The Court added that if it is found that Tuteja is not cooperating with the Special Court, the ED will be free to apply for cancellation of bail.Case no. – SLP(Crl) No. 3148/2025Case Title – Anil Tuteja v. Directorate of Enforcement Click Here To Read/Download Order

'Order Taking Cognizance Of PMLA Complaint Quashed' : Supreme Court Grants Bail To Ex-IAS Officer In Chhattisgarh Liquor Scam

Amisha Shrivastava

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