ED raid: Former MUDA Commissioner moves HC
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ED raid: Former MUDA Commissioner moves HC

December 8, 2024

Bengaluru: Former Mysuru Urban Development Authority (MUDA) Commissioner Dr. D.B. Natesh has approached the High Court of Karnataka, challenging the legality of searches conducted by the Enforcement Directorate (ED) at his residence and the subsequent recording of his statements in connection with alleged illegalities in site allotments by the authority.

In the petition, Natesh contended that he had no involvement with any alleged proceeds of crime the ED is investigating. Justice Hemant Chandangoudar issued notice to the ED and instructed it to provide material evidence demonstrating compliance with the provisions of Sections 17 and 50 of the Prevention of Money Laundering Act (PMLA), 2002. The hearing has been adjourned to Dec. 9.

Senior counsel Sandesh J. Chouta, representing Natesh, argued that the ED conducted a raid at Natesh’s residence on Oct. 28 and 29, 2024, without adhering to Section 50 of the PMLA, 2002 and recorded his statement under oath.

The petitioner claimed that according to Section 17(1)(f) of the PMLA, a person can only be subjected to a statement recording when they are found in possession or control of relevant records or property. Without this condition being met, the raid violated fundamental rights, he argued.

Natesh further asserted that the ED failed to discover any incriminating material during the raid and summoned him under Section 50 of the PMLA in violation of the law.

Natesh also contended that, before conducting the raid, the ED was required to record in writing the reasons for believing he had committed an act of money laundering. However, the raid was carried out without such documentation, invalidating the entire operation.

Additionally, Natesh argued that there was no evidence linking him to any alleged offence related to the PMLA. Following the raid, the ED issued a Panchanama on Oct. 29, which stated that despite conducting a two-day search, it failed to recover an iPhone 16 Pro and a master copy of the data extracted from the phone, both of which belonged to Natesh.

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