The Supreme Court of India agreed to hear the Enforcement Directorate’s plea challenging anticipatory bail granted to Anup Majee in a West Bengal illegal coal mining and theft-linked money laundering case and issued notice seeking his response.
The Supreme Court of India agreed to examine a plea filed by the Enforcement Directorate challenging the grant of anticipatory bail to a private company director in a money laundering case linked to alleged illegal coal mining and theft in West Bengal.
A Bench comprising Justices Vikram Nath, Sandeep Mehta and Vijay Bishnoi issued notice to Anup Majee, who served as a director of a firm involved in the purchase and sale of coal, and sought his response to the ED’s appeal.
The case originates from a 2020 First Information Report registered by the Central Bureau of Investigation alleging large-scale illegal excavation and theft of coal from leasehold areas of Eastern Coalfields Limited. Based on this FIR, the ED registered an Enforcement Case Information Report under the Prevention of Money Laundering Act on November 28, 2020.
The ED later initiated parallel proceedings, while Majee also faced litigation before the Calcutta High Court in relation to the CBI investigation. The anticipatory bail plea was ultimately allowed by the Delhi High Court, which noted that Majee had appeared multiple times before the agency and that prosecution complaints had already been filed without his arrest. The court held that the statutory requirements under Section 45 of the PMLA had been met.
Challenging this finding, the ED approached the Supreme Court, alleging that Majee was a key conspirator in a syndicate responsible for illegal mining and transportation of stolen coal, resulting in alleged losses exceeding Rs 2,742 crore. It also claimed recovery of financial records maintained by Majee’s accountant and evidence of shell companies allegedly used to route proceeds of crime through dummy directors.
During the hearing, Additional Solicitor General S.V. Raju, appearing for the ED, submitted that Majee was a key accused in what he described as a massive scam involving illegal coal extraction and diversion of public resources.
Raju argued,
“Please see the reasoning. He was absconding. It’s a gross case. National resources plundered. Rs 2,700 crores… he is the kingpin,”
The proceedings also saw a brief exchange between the Bench and senior counsel Siddhartha Dave, appearing for Majee, who contended that his client had fully cooperated with the investigation.
Dave told the Court that Majee has been there 32 times.
The Bench orally remarked that the trial court should ensure an expeditious conclusion of proceedings, while the ED maintained that Majee played a central role in the alleged syndicate and initially evaded cooperation. Dave, however, argued that custodial interrogation was unnecessary at this stage.
He submitted,
“In the predicate offence, I have been granted protection. This will become infructuous. I had said on the last occasion, it will all become infructuous after the elections,”
The Bench responded with a light remark during the hearing, asking, “You predicted the results before the votes were cast?”
When the argument continued, the Court told Raju that he was dragging this matter.
It then issued notice, observing, “Okay we will issue notice. Mr. Dave will enjoy the fruits…”
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