The Supreme Court has granted anticipatory bail to Odisha Administrative Service (OAS) Officer Bijay Ketan Sahoo, who faces allegations of money laundering filed by the Directorate of Enforcement (ED) in a disproportionate assets case.
A bench comprising Justice Abhay Oka and Justice Augustine George Masih affirmed an earlier order from June 24, 2024, which provided Sahoo with interim protection from arrest. The court’s decision was based on the precedent set in the case of Tarsem Lal v. Directorate of Enforcement, which established that the ED cannot arrest an accused under Section 19 of the Prevention of Money Laundering Act once the Special Court has taken cognizance of the complaint.
“This case is governed by the decision in Tarsem Lal v. Directorate of Enforcement. Therefore, the interim order dated June 24, 2024, is made absolute,” the court stated in its order.
Sahoo had sought anticipatory bail in the money laundering case, which alleges that he possesses disproportionate assets worth Rs. 5 Crores. The investigation originated from an FIR against Sahoo, his wife Nalini Prusty (a State Financial Official), and several family members for holding assets disproportionate to their known sources of income.
The ED’s investigation under the PMLA led to summons for Sahoo to appear before the Special Court in Bhubaneswar. It is alleged that Sahoo and his wife acquired various properties, including six plots and a three-story building in Bhubaneswar, in the name of a relative with no independent source of income.
The Supreme Court had initially granted Sahoo interim protection following his counsel’s clarification that Sahoo had been cooperating with the investigation for three years without arrest. The anticipatory bail petition was filed only after a summons was issued by the PMLA Court.
