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Cattle smuggling case: Supreme Court adjourns plea by TMC leader Anubrota Mondal seeking bail by a week

The Supreme Court today has adjourned the plea by TMC leader Anubrota Mondal seeking bail in connection with cattle smuggling case by a week.

Anubrata Mondal who is TMC leader has been an accused in the two major cases (the coal scam and cattle smuggling cases) which are being investigated by the ED and the CBI.

The investigation agencies believe that the the money received through these scams and cases has been sent abroad through hawala transactions. 

The case of cattle smuggling was first lodged in Delhi as many senior BSF leaders were allegedly involved in the crime.

The investigation agencies have claimed that the cattle smuggling mafia led by Anup Majhi used to bribe a section of BSF officials along with politicians like Mondal to send thousands of cows to Bangladesh, which has high demand for meat.

The action was taken against him after the after Amit Shah became the home minister.

Its order for an investigation was earlier challenged in Calcutta High Court, but the court upheld the government’s decision.

The matter was then moved to the Delhi Court…..On March 4, a Delhi court after a mid night hearing remanded All India Trinamool Congress (AITC) leader Anubrata Mondal to the custody of the Enforcement Directorate (ED) in relation to the multi-crore cattle smuggling scam case charged against him. 

The AITC leader was booked for allegedly smuggling cattle to Bangladesh by bribing the Border Security Force (BSF) personnel. 

As per the reports he was taken to Delhi from West Bengal by air and was produced before a Delhi court, soon  after the Calcutta High Court on March 4, had declined to halt the process of action against him.

The order was delivered by Special Judge Rakesh Kumar who instructed  the ED to produce Mondal before a regular court on March 10. 

As per the prosecution, the prime accused Md Enamul Haque and his associates had conspired along with  BSF personnel and custom officials for illegally smuggling cattle to Bangladesh. 

For making the movement of the cattle through the districts of Birbhum and Murshidabad, Haque had obtained illegal favours from the Mondal, a ‘powerful political satrap.’

It was alleged by CBI that Mondal used his influence to facilitate the crime and  got gains for his, however, on last August 11,he was arrested in the case.

In a March 4 order, the plea by Mondal was rejected by Justice Bibek Chaudhuri of the Calcutta High Court to prevent the probe agency from producing him before the Delhi court.

Mondal had said  that the ED had submitted orally about not  proceeding with the production of Mondal before the trial court at Delhi.  However, the High Court noted that even going by the online report relied on by Mondal to support his claim, the ED’s oral assurance was only that it would refrain from executing the production warrant until January 9. 

The High Court also had noted that although Mondal had earlier complained of suffering from illness,he was discharged from hospital. It added that there was no acute reason for holding  that Mondal is unfit by reason of his sickness from being removed to Delhi.

The Calcutta High Court had criticised Mondal for attempting to “forum shop” and obviate the proceedings before the Delhi court. 

The Calcutta High Court had subjected that successive applications filed by the petitioner in different courts for obtaining favourable order are undoubtedly a clear instance of ‘forum shopping’ which would not be encouraged.

The High Court had also imposed a fine of ₹1 lakh on Mondal which had to be paid to the High Court Legal Services Authority as compensation “for instituting successive, harassing applications of similar nature before the highest seat of judiciary of two States of the Country to obviate the process of the Court.”

On January 4, the Calcutta High Court had rejected Mondal’s bail plea in the case after noting that the TMC leader was an ‘influential’ person, who has been involved in intimidating the witnesses.

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