SH. Y. SHIVA REDDY vs DIRECTORATE OF ENFORCEMENT ZONAL OFFICE II THROUGH ASSISTANT DIRECTOR AND ANR.

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5843 OF 2025 Sh. Y. Shiva Reddy, ] R/o. Nalasopara, Vasai Road, ] Dist. Palghar ].. Petitioner Versus 1. Directorate of Enforcement, ] Zonal Office II, ] Through its Assistant Director ] 2. State of Maharashtra, ] Home Department, ] Through its Secretary ] .. Respondents Mr. Vikas Pahwa, Senior Advocate, with Ms. Kathyaeni Ramshetty, Mr. Hrishikesh Mundargi, Mr. Soma Srinath, Mr. Shashi Preetham and Ms. Riya Arora, i/by Ms. Pravada Raut, Advocates for the Petitioner. Mr. Anil C. Singh, Additional Solicitor General, with Mr. Chaitanya Pendse, Mr. Aditya Thakkar, Mr. Krishnakant Deshmukh, Mr. Rajdatta Nagre, Mr. Adarsh Vyas and Mr. Rama Gupta, Advocates for Respondent No.1-ED. Mr. J.P. Yagnik, Additional Public Prosecutor for Respondent No.2- State of Maharashtra. CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J. Judgment is reserved on : 2nd February 2026 Judgment is pronounced on : 9th March 2026 “JUDGMENT” PER, GAUTAM A. ANKHAD, J. By the present petition filed under Articles 226 and 227 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks a declaration that his 1/17 WP-5843-2025.doc Dixit arrest by the respondent no.1 (“ED”) on 13th August 2025 is illegal and violates his fundamental rights guaranteed under Articles 14, 19, 21 and 22 of the Constitution of India. The petitioner further prays for quashing and setting aside the orders dated 14 th August 2025, 20th August 2025 and all other orders passed in Remand Application No.1136 of 2025 by the learned Additional Sessions Judge (PMLA) and for a direction for his release from custody. 2. The petitioner joined the Vasai-Virar City Municipal Corpora