Jharkhand High Court
Dilip Kumar Singh vs The Enforcement Of Directorate ..... ... on 14 September, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3212 of 2018
Dilip Kumar Singh ..... Petitioner
Versus
The Enforcement of Directorate ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Indrajit Sinha, Advocate.
For the E.D : Mr. A.K. Das, Adv.
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05/Dated: 14/09/2018
The petitioner is apprehending his arrest in
connection with ECIR NO. ECIR/09/PAT/12/PMLA
registered under Sections 4 of the Prevention of Money Laundering Act, 2002.
The brief facts of the case is that an FIR bearing No.RC03(A)/2010 was registered by the Central Bureau of Investigation, ACB on 16.02.2010 for cheating the Government in the matter of four submitting false and bogus invoices showing procurement of bitumen for execution of contract work awarded to the said contractor which caused wrongful gain to the Contractor and corresponding wrongful loss to the State Exchequer. On the basis of aforesaid FIR an ECIR was recorded for investigation under the Provisions of Prevention of Money Laundering Act, 2002 by the Directorate of Enforcement vide no. ECIR/09/PAT/12/PMLA.
Learned counsel for the petitioner has submitted that the petitioner is one of the Director of M/s Classic Coal Construction Pvt. Ltd and has been falsely implicated on account of submission of forged invoices relating to procurement of bitumen. It is further submitted that the petitioner was a salaried Director and he was responsible for site work of the company and so far as the procurement of bitumen and other materials are concerned, the Company has issued authorization for lifting of bitumen in favour of one Puroshattam Jaiswal, however the invoices does not contain the signature of the petitioner or had issued by him. So, petitioner deserves the privilege of anticipatory bail.
-2-Learned counsel for the E.D has opposed the prayer for bail and filed counter affidavit. Learned counsel for the E.D. has submitted that during investigation it was found that on the basis of forged and fabricated bills, an amount of Rs.3,25,86,670/- was credited in the account of M/s Classic Coal Construction Pvt. Ltd. by way of eleven cheques. It was also established during investigation that the said account was operated by the present petitioner. During investigation it was further found that the petitioner had purchased various properties.
Having heard the learned counsel for the parties and after going through the records, final form, material collected by the C.B.I./E.D against the petitioner and also the fact that final form has been submitted in this case, trial will take some time and during investigation, the petitioner has fully co-operated in the investigation and he was never arrested by the C.B.I./E.D. In the facts and circumstances of the case, I am inclined to admit the petitioner on anticipatory bail. The above named petitioner is directed to surrender in the court below latest by 10.10.2018 and in the event of his arrest or surrender, the court below shall release him on bail on his furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, PMLA, Ranchi, in connection with ECIR NO.
ECIR/09/PAT/12/PMLA, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and subject to further conditions are as follows:-
(i) One of the bailors must be a local resident and solvent person of Ranchi district.
(ii) Petitioner shall fully cooperate with the E.D and also physically appear on each and every date before the trial court till framing of charge. If he want exemption from appearance, he will inform the E.D in advance and after taking necessary permission from -3- Special Court, PMLA, Ranchi, he may be exempted from personal appearance.
(iii) The petitioner shall not try to influence the prosecution witnesses during trial.
(iv) The petitioner will deposit his passport, if any, before the trial court and if the petitioner fails to do so, as directed by this Court, the ED shall file an application for cancellation of his bail before this Court.
(v) The petitioner will deposit Rs.51,000/- before the Secretary/ President Jharkhand High Court Advocates' Association latest by 04.10.2018 by way of cost and shall submit receipt of the same before the trial court at the time of surrender.
Let a copy of this order be communicated to the trial court as well as a copy of this order be handed over to the learned standing counsel for the E.D and Secretary/ President Jharkhand High Court Advocates' Association.
(Anant Bijay Singh, J.) fahim/-