IN THE HIGH COURT OF JUDICATURE AT MADRAS, MADURAI BENCH

Crl.M.P.No. of 2024
In
Crl.R.C.No. of 2024
Against

Crl.M.P.No. 58 of 2024

In

Crime No. 06 of 2023

(On the file of the Learned Chief Judicial Magistrate, Dindigul)

The Assistant Director,

Directorate Of Enforcement,
Ground Floor,
B-Wing, Pravartan Bhawan,
Dr.APJ Abdul Kalam Road,
New Delhi – 110011.
….Petitioner/P
etitioner

-Vs-

1. Mr.Ankit Tiwari, 32/2023.

S/o Rajendra Kumar Tiwari,
Through Jail Superintendent,
Central Jail- Madurai,
Tamil Nadu

2. State Represented by:- Inspector of Police,

Vigilance and Anti-Corruption,
Dindigul
…. Respondents/Respondents
 AFFIDAVIT OF ____________

I, _________________, S/o _________________, aged __ years, employed

as Assistant Director, Madurai Sub-Zonal Office, Directorate of Enforcement,
Ministry of Finance, Department of Revenue at Thabal Thanthi Nagar, T
Nagar, Madurai, do hereby solemnly affirm and sincerely state as under:

1. I submit that the Petitioner/Department is an investigating agency which

inter alia enforces the Prevention of Money Laundering Act, 2002 (PMLA). Its
primary responsibilities include tracing the proceeds derived out of the criminal
activities which are listed under the schedule of offences in PMLA and to
prosecute the concerned persons for the offence of money laundering, as per
the provisions of the PMLA.

2. I submit that an FIR in Crime No. 06/2023 dated 30.11.2023 was

registered at PS-DVAC, Dindigul, Tamil Nadu against Mr. Ankit Tiwari
@Hardik under section 7(a) of Prevention of Corruption Act, 1988. The FIR
was registered by Anti-Corruption and Vigilance Division, Dindigul against Mr.
Ankit Tiwari @Hardik, Enforcement Directorate Office, Madurai based on a
complaint filed by T. Suresh Babu S/o Mr. S. T. Thirumalaisamy, Chief Civil
Surgeon, Government Medical College Hospital, Dindigul alleging that Mr.
Ankit Tiwari @Hardik (Enforcement Officer) has demanded Rs. 51 Lakhs as
bribe for settling the case being investigated by Enforcement Directorate
against Mr. T. Suresh Babu.

3. I submit that according to the complaint filed by Mr. T. Suresh Babu, he

was working as a Chief Civil Surgeon in the Dindigul Government Medical
College while his wife Mrs. Sathya Subha was managing another Hospital in
Dindigul. Mr. T. Suresh Babu was also working as a consultant in his wife's
hospital. In the year 2018, a case was registered by the Dindigul District
Directorate of Vigilance and Anti-Corruption Department against Mr. T. Suresh
Babu and his wife for accumulating property in excess to his income. In the
subsequent investigation, departmental action was recommended against Mr.
T. Suresh Babu. Following this, the Directorate of Enforcement had initiated
an investigation in this matter under the provisions of the Prevention of Money
Laundering Act, 2002 against Mr. T. Suresh Babu.

4. I submit that it has been alleged by Mr. T. Suresh Babu in his complaint
that he had received a WhatsApp call from mobile number 7499927653 on his
mobile number 9842133302 from a person claiming to be Mr. Ankit Tiwari
@Hardik from the Enforcement Directorate (ED), instructing him to appear for
an investigation on 30.10.2023. During the meeting outside the ED office, Mr.
Ankit Tiwari @Hardik informed Mr. T. Suresh Babu about a complaint related
to asset embezzlement and demanded Rs. 3 Crores for not taking action. The
demand was settled at Rs. 51 Lakhs, with the first payment of Rs. 20 Lakhs
made on 01.11.2023. Mr. Ankit Tiwari @Hardik collected the money and
asked for the remaining Rs. 31 lakhs. He threatened Mr. T. Suresh Babu
against discussing the bribe payment. Further calls were made for the
remaining payment, and a plan was made to pay on 01.12.2023. Instead, Mr.
T. Suresh Babu reported the incident to the Anti-Corruption and Vigilance
Division. Thereafter, on the basis of complaint made by Mr. T. Suresh Babu,
Mr. Ankit Tiwari @Hardik was arrested by Anti-Corruption and Vigilance
Division, Dindigul, Tamil Nadu Police on 01.12.2023 and presently Mr. Ankit
Tiwari @Hardik is lodged in the Central Jail, Madurai, Tamil Nadu.

5. I submit that an ECIR has been registered for offences falling U/s 7(a)
of the Prevention of Corruption Act, 1988 which is a scheduled offence under
Para “8” of the schedule of the Prevention of Money Laundering Act, 2002 as
defined under Section 2(1)(x) & (y) of the said Act. Therefore, prima facie, a
case for offence of money laundering as defined under Sec. 3 of the
Prevention of Money Laundering Act, 2002 (PMLA for short), punishable
under Section 4 of the said Act appears to have been made out. Hence,
investigation under the provisions of PMLA, 2002, has been initiated by the
Directorate of Enforcement after recording brief facts of scheduled offence in
ECIR No. ECIR/STF/18/2023.

6. I submit that in view of the above facts, an investigation is being

conducted under PMLA, 2002 by the petitioner and the crucial role played by
the 1st Respondent in committing the offence of money laundering was
uncovered. It is submitted that to establish the money trail involved in the
offences which is being investigated by the Petitioner and to unearth the
proceeds of crime in the offence of money laundering, it is imperative to
interrogate and record the statement of the 1 st Respondent under Sec. 50 of
PMLA, 2002 who is presently confined in Central Jail, Madurai, Tamil Nadu on
the basis of the above said FIR.

7. I submit that a petition in Crl.M.P No 58 of 2024, seeking permission to

examine the 1st Respondent under Section 50(2) of PMLA, 2002 who is
presently confined in Central Jail, Madurai, Tamil Nadu in the above said FIR
was filed before the Ld.Chief Judicial Magistrate, Dindigul. The 2nd
Respondent had impleaded itself vide Crl.M.P No 286 of 2024 and the
Ld.Chief Judicial Magistrate had dismissed Crl.M.P No. 58 of 2024
erroneously holding that petitioner had given only a very vague reasons and
has not shown any strong cause for enquiring the accused in prison.

8. I submit that the Order dated 12.01.2024 passed by the LearnedChief

Judicial Magistrate, Dindigul is erroneous and non-est in law for the grounds
stated in the Criminal Revision Petition among other grounds. I crave leave of
this Hon’ble Court to treat the grounds in the Criminal Revision Petition as part
and parcel of this Affidavit for better appreciation of the facts of the case.

9. I submit that since the Accused was placed in judicial custody by

the designated special court for Prevention of Corruption Act, Crl.M.P.No. 58
of 2024 was filed before the Special Court in FIR filed in Crime No. 6 of 2023
registered for offence committed under the Prevention of Corruption Act. As
the impugned order challenged herein has been passed by the Special Court
for Prevention of Corruption Act, the exclusive revision jurisdiction over the
same lies with the Hon’ble High Court by virtue of section 27 of the Prevention
of Corruption Act, 1988.

It is prayed that this Hon’ble Court may be pleased to grant an interim

direction to allow the Petitioner herein to examine Mr. Ankit Tiwari, the 1 st
Respondent herein U/s 50 of the Prevention of Money Laundering Act pending
disposal of the Criminal Revision Petition and pass such further or other
orders as this Hon’ble Court may deem fit in the circumstances of the case
and thus render justice.

Solemnly affirmed at Chennai Before Me

this the day of January 2024
and signed his name in my
presence at Madurai. Advocate
 IN THE HIGH COURT OF JUDICATURE AT MADRAS, MADURAI BENCH

Crl.M.P.No. of 2024
In
Crl.R.C.No. of 2024
Against

Crl.M.P.No. 58 of 2024

In

Crime No. 06 of 2023

(On the file of the Learned Chief Judicial Magistrate, Dindigul)

The Assistant Director,

Directorate Of Enforcement,
Ground Floor,
B-Wing, Pravartan Bhawan,
Dr.APJ Abdul Kalam Road,
New Delhi – 110011.
….Petitioner/P
etitioner
-Vs-

1. Mr.Ankit Tiwari, 32/2023.

S/o Rajendra Kumar Tiwari,
Through Jail Superintendent,
Central Jail- Madurai,
Tamil Nadu

2. State Represented by:- Inspector of Police,

Vigilance and Anti-Corruption,
Dindigul
…. Respondents/Respondents

PETITION SEEKING INTERIM DIRECTION

It is prayed that this Hon’ble Court may be pleased to grant an interim
direction to allow the Petitioner herein to examine Mr. Ankit Tiwari, the 1 st
Respondent herein U/s 50 of the Prevention of Money Laundering Act pending
disposal of the Criminal Revision Petition and pass such further or other
orders as this Hon’ble Court may deem fit in the circumstances of the case
and thus render justice.

Dated at Madurai on this the __ day of January 2024

COUNSEL FOR THE PETITIONER