AI TextQuick Glance (AI)Headnote
Issues involved:
The issues involved in the judgment are related to the arrest and bail of the petitioner under the Prevention of Money Laundering Act, 2002 (PMLA Act), the presentation of a charge-sheet, and the verification of cognizance taken on the charge-sheet.
Arrest and Bail:
During the investigation of the offence u/s the PMLA Act, the petitioner was not arrested. The Special Court issued summons, and when the petitioner did not appear, a warrant was issued. After surrendering, the petitioner applied for bail. The Court noted that even without surrendering, the petitioner could have applied for cancellation of the warrant by giving an undertaking to remain present. The petitioner had undergone incarceration for 1 year and 1 month. Considering these facts, the Court granted interim bail to the petitioner.
Presentation of Charge-Sheet:
Documents indicated that a charge-sheet was presented before the duty Magistrate by the Assistant Director of Enforcement Directorate, Dehradun. The charge-sheet was sent to the Court by the Director of Enforcement Directorate. The Court observed that the charge-sheet should be registered as a Criminal Miscellaneous Case and presented before the Special Court for cognizance. It was noted that a complaint was filed u/s the PMLA Act, but a separate charge-sheet was presented, creating the need to verify if cognizance was taken based on the charge-sheet.
Verification of Cognizance:
The Court directed the Registry to obtain the entire record of Criminal Case No. 2 of 2021 from the Special Judge, PMLA, Dehradun, Uttarakhand. It was mentioned that in the State of Uttarakhand, a complaint is referred to as a charge-sheet, although the Additional Solicitor General clarified that there was no charge-sheet. The Court decided to verify the contents of the documents and scheduled the next hearing for further proceedings.
Conclusion:
The Court granted interim bail to the petitioner and directed the Registry to provide copies of the record for verification. The case was listed for the next hearing on 10th May, 2024, and the petitioner was instructed to appear before the Special Court to be enlarged on interim bail under appropriate terms and conditions.
Interim Bail Granted After Over a Year in Custody; Verification of Charge-Sheet Required by Supreme Court.
The petitioner, charged under the PMLA Act, was granted interim bail after surrendering, having been incarcerated for 1 year and 1 month. The SC directed the Registry to verify the cognizance of the charge-sheet presented by the Enforcement Directorate. The case was scheduled for further proceedings on 10th May 2024.
Interim bail - Surrender and cancellation of warrant by undertaking - Verification of charge-sheet and cognizance - PMLA investigation and charging documentInterim bail - Surrender and cancellation of warrant by undertaking - Petitioner entitled to interim bail pending further proceedings - HELD THAT: - The Court noted that the petitioner was not arrested during investigation under the PMLA, ECIR relates to 2016 and the complaint was filed on 30th December, 2020; after summons were issued and the petitioner failed to appear, a warrant was issued and the petitioner thereafter surrendered and applied for bail. The Court observed that, even without surrendering, the petitioner could have sought cancellation of the warrant by giving an undertaking to attend the Special Court. Having regard to these facts and that the petitioner has undergone incarceration for a period of one year and one month, the Court held that the petitioner should be enlarged on interim bail. The order is not a final disposal of the petition but grants interim relief subject to the Special Court imposing appropriate terms and conditions and production before that Court. [Paras 2, 7]Interim bail granted; petitioner to be produced before the Special Court and to be enlarged on interim bail on appropriate terms and conditions by the Special Court.Verification of charge-sheet and cognizance - PMLA investigation and charging document - Whether a separate charge-sheet was presented and whether cognizance was taken requires verification - HELD THAT: - The Court observed that documents in the counter affidavit, notably the document at page 96, prima facie indicate that an Assistant Director of the Enforcement Directorate presented a charge-sheet to the special public prosecutor which was ordered to be registered as a Criminal Miscellaneous Case and presented before the Special Court for cognizance. The Additional Solicitor General stated, on instructions, that in that State a complaint is sometimes referred to as a charge-sheet and that in fact no separate charge-sheet existed; however, the Court noted the record still gives rise to an impression that a charge-sheet was presented. In view of this uncertainty the Court directed a verification of the record of Criminal Case No. 2 of 2021 by calling for the entire soft copy from the Special Judge (PMLA), Dehradun, and directed that copies be furnished to the parties and a printed version placed before the Court for determination whether cognizance was taken on the basis of a charge-sheet. [Paras 3, 4, 5]Registry directed to call for the entire record of Criminal Case No. 2 of 2021 from the Special Judge (PMLA), Dehradun, provide copies to parties and place printed record before this Court for verification of whether a charge-sheet was presented and cognizance taken.Final Conclusion: Interim bail granted to the petitioner subject to production before and enlargement by the Special Court on appropriate conditions; the Supreme Court has directed verification of the trial-court record (Criminal Case No. 2 of 2021) regarding the existence of a charge-sheet and whether cognizance was taken, and listed the matter for further hearing on 10th May, 2024.
TaxTMI 
TaxTMI 
of 18 
