ED admits it lacks power to seal locked premises during searches, after Madras HC rebuke
Chennai: The Enforcement Directorate (ED) on Tuesday informed the Madras High Court that it does not possess the legal authority to seal premises that are locked at the time of search operations under Section 17 of the Prevention of Money Laundering Act (PMLA), 2002.
This admission came during a hearing of writ petitions filed by film producer Akash Baskaran and his associate Vikram Ravindran, who alleged that ED officials had sealed their office in Semmenchery and a rented residential flat in Poes Garden, Chennai, on May 16 after finding them locked during a search.
Appearing before a division bench comprising Justices M.S. Ramesh and V. Lakshminarayanan, Additional Solicitor General S.V. Raju stated, “ED does not have power to seal. The lordship is right in that aspect. Under Section 17, the ED has powers to break open the lock. But we did not want to escalate the situation.”
Justice Ramesh, observing the ED’s conduct, remarked that it was not merely the PMLA that was evolving with new interpretations but also the “officials of the Enforcement Directorate who are evolving day by day by expanding their powers.”
The ED’s counsel offered to withdraw the notices and allow the petitioners access to their premises. However, the bench noted that the language of “permitting” the petitioners to enter created an impression that the ED had the authority to prohibit them in the first place. “From where do you get the power to prevent an individual from entering his home or office?” Justice Lakshminarayanan asked.
ED Special Public Prosecutor N. Ramesh denied that the premises had been sealed and claimed that officials had only affixed notices instructing the occupants to contact the agency regarding an ongoing money laundering probe.
However, Justice Ramesh countered that the notices clearly stated the premises should not be opened without permission from the ED, which could reasonably be interpreted as sealing. Justice Lakshminarayanan further observed that “no sane person” would risk ignoring such a notice out of fear of criminal consequences.
The case adds to a growing list of judicial criticisms against the agency. On May 23, a Supreme Court bench led by Chief Justice B.R. Gavai had strongly rebuked the ED, remarking that “The ED is crossing all limits… you are totally violating the federal structure of the country.”
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Man booked for duping Thane family of Rs 1.66 crore with ‘black magic’ claims
Thane (PTI): A family from Maharashtra's Thane district was allegedly swindled of more than Rs 1.66 crore by a man who exploited their fear of "black magic" and promised them divine remedies through elaborate rituals and pilgrimages, police said on Sunday.
The Kasarvadavali police district on April 2 registered a first information report (FIR) against Manjunath Shetty, a resident of Andheri in neighbouring Mumbai, based on the family's allegations that they were manipulated into paying the accused over a period of two years to "neutralise black magic" performed by a relative, an official said.
According to the complaint, the family's ordeal began in January 2024 when they met Shetty at an event, and on learning about their financial struggles, he convinced them that their relative had performed "black magic" on them to hinder their progress.
To counter this, Shetty prescribed a series of elaborate rituals and a mandatory pilgrimage to the 12 Jyotirlingas, temples of Lord Shiva, and by exploiting a series of minor mishaps in the family, he allegedly manipulated them into making several payments, the official said.
Between February and April 2024, he took Rs 10 lakh in cash to purchase ritual materials, and from May 2024 to January 2026, the family transferred approximately Rs 1.56 crore through online transactions to various bank accounts belonging to the accused and his mother, he said.
The accused also claimed he needed money for pending court cases, warning that if he were jailed, the rituals would remain incomplete, and that the family's situation would never improve, the official said.
While no arrest has been made as yet, the police have registered a case against Shetty under section 318(4) (cheating) of the Bharatiya Nyaya Sanhita (BNS) and relevant provisions of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, he said.
