2024 (5) TMI 674 - SCH - Money Laundering

Interim Bail Granted After Over a Year in Custody; Verification of Charge-Sheet Required by Supreme Court.

SANDEEP GUPTA Versus DIRECTORATE OF ENFORCEMENT

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 ... Money Laundering - grant of Interim bail - HELD THAT:- After issuance of warrant, the petitioner surrendered and thereafter applied for bail. Even without surrendering also, the petitioner could have applied for cancellation of warrant by giving an undertaking to the Special Court to remain present on the dates fixed before the Special Court. The petitioner has undergone incarceration for a period of 1 year and 1 month. Considering these facts, the petitioner is entitled to be enlarged on interim bail. The documents annexed to the counter affidavit, create an impression that though a complaint under Section 44(1)(d) of the PMLA Act was filed, a separate charge-sheet was presented by the Assistant Director of Enforcement Directorate to the special public prosecutor Mr. Goel which was ordered to be registered as a Criminal Miscellaneous Case. It needs to be verified whether cognizance was taken on the basis of the charge-sheet. The learned Additional Solicitor General, on instructions, points out that in the State of Uttarakhand, a complaint is referred as a charge-sheet and in fact there was no such charge-sheet. Though there are no reason to disbelieve the responsible statement made by the learned Additional Solicitor General, the fact remains that page 96 mentions that there was a charge-sheet presented to the special public prosecutor. The Registry is directed to call for a soft copy of the entire record of Criminal Case No. 2 of 2021 from the Court of the learned Special Judge, PMLA, Dehradun, Uttarakhand - List on 10th May, 2024. 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.