The Supreme Court on Tuesday sought a response from alleged coal smuggling kingpin Anup Majee on a plea filed by the Directorate of Enforcement (ED) challenging the anticipatory bail granted to him in a money laundering case linked to the alleged multi-crore coal mining scam in West Bengal.
A Bench of Justices Vikram Nath and Sandeep Mehta issued notice on the ED’s plea challenging a 2025 order of the Delhi High Court granting anticipatory bail to Majee.
Pertinently, it was in connection with the ED’s investigation against Majee that the agency had raided the Kolkata offices of Indian Political Action Committee (I-PAC) earlier this year. The raid made headlines after then West Bengal Chief Minister Mamata Banerjee reportedly entered the search premises and removed certain files and electronic devices, leading to separate proceedings before the Supreme Court.
During today's hearing, Additional Solicitor General SV Raju, appearing for the ED, argued that Majee had been absconding and said that the case involved a large-scale plunder of national resources.
“Please see the reasoning. He was absconding. It’s a gross case. National resources plundered. ₹2,700 crores… he is the kingpin,” Raju submitted.
Senior Advocate Siddhartha Dave, appearing for Majee, countered that his client had cooperated extensively with the investigation.
“23 times I have been there,” Dave told the Court.
The Bench orally observed that the trial court could be directed to conclude the trial expeditiously. Raju reiterated that Majee was the “main person” in the alleged scam and claimed he had initially failed to cooperate with the investigation.
Dave, however, argued that custodial interrogation was no longer necessary.
“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,” he submitted.
The Bench responded humorously.
“You predicted the results before the votes were cast?” it asked.
When Dave again argued that custody was unnecessary, the Court told the ED,
“Mr. Raju, you’re dragging this matter.”
The Bench eventually issued notice and orally observed:
“Okay we will issue notice. Mr. Dave will enjoy the fruits…”
The ED case against Majee traces back to 2020. The CBI had registered an FIR against Majee and several others, alleging illegal excavation and theft of coal from Eastern Coalfields Limited (ECL) leasehold areas in West Bengal.
Based on the predicate FIR, the ED registered an Enforcement Case Information Report (ECIR) under the Prevention of Money Laundering Act on November 28, 2020.
While the underlying CBI case was being investigated in West Bengal and challenged by Majee before the Calcutta High Court, the ED’s money laundering proceedings were being handled before courts in Delhi, including the Special PMLA Court at Patiala House.
It was in the ED proceedings that Majee later sought anticipatory bail before the Delhi High Court.
The High Court noted that Majee had appeared before the ED on multiple occasions and that the agency had already filed prosecution complaints without arresting him. It held that the “twin conditions” under Section 45 of the PMLA stood satisfied and granted relief to Majee.
The ED challenged this order before the Supreme Court.
Before the top court, ED has alleged that Majee was one of the “main organisers” of a syndicate involved in illegal mining and transportation of stolen coal, and claimed that coal worth over ₹2,742 crore had been misappropriated from ECL leasehold areas.
It also claimed to have recovered records allegedly maintained by Majee’s accountant regarding proceeds generated through illegal coal mining. The agency added that shell companies using dummy directors had been floated as part of the operation.
The Court will hear the ED's plea next in September 2026.
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