'Not within ED jurisdiction' — HC stays summons issued to 5 Tamil Nadu collectors in sand mining case

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Chennai: The Madras High Court Tuesday stayed summons issued by the Enforcement Directorate (ED) to five district collectors in connection with alleged illegal sand mining and money laundering case in Tamil Nadu...

According to the petition, the collectors were directed that they were to appear in person, with the copy of their Aadhaar cards, and submit details of all sand mining sites in their districts with the following information a) Name of the site; b) Complete address of the quarry; c) GPS coordinates of quarry; d) GPS address of depot; e) GPS coordinates of depot; f) Permitted area; and g) Permitted depth...

Officials of the state are neither accused nor witnesses and, therefore, they cannot be summoned under the provisions of the Prevention of Money Laundering Act unless a notification under clause (j) of section 54 of PMLA specifying such officials was served.No such notification has been issued concerning district collectors till date, it said.. Section 54 of PMLA pertains to the assistance of certain officers to the ED in inquiry and clause (j) talks about how by the notification the ED has to specify its request for the assistance of the official in the investigation...

Dave noted that no action was taken by the ED in illegal sand mining offences in other BJP states like Uttar Pradesh (8,000 cases), Maharashtra (4,000 cases) and Haryana (4,500 cases)...

Additional Solicitor General A.R.L. Sundaresannoted that the ED had filed an Enforcement Case Information Report (ECIR) on 11 September, 2023 based on four FIRs that were registered in connection to illegal mining by the state police.. Appearing for the ED, he alleged that despite the ED seeking details on FIRs registered in the last five years regarding illegal mining from the Tamil Nadu police chief in October, there has been no reply so far...

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