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2020 (2) TMI 1027
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....nior Advocate Mr. N.D.Nanavaty assisted by learned advocate Mr. Zahiruddin S. Saiyed for the applicant and learned Assistant Solicitor General Mr. Devang Vyas for respondent No.2 and learned APP Mr. L.B.Dabhi for respondent No.1. 3. Learned Senior Advocate for the applicant submitted that on 01.04.2015, FIR being C.R.No.I3 of 2015 came to be registered with CID Crime, Gandhinagar Zone Police Station, Gandhinagar for the offence punishable under Section 409, 418, 465, 467, 468, 471, 120B and 114 of the Indian Penal Code as well as under Section 13(1)(c), (d)(ii) of the Prevention of Corruption Act, 1988. The said FIR is filed against 7 accused. The applicant was not shown or named as an accused in the said FIR nor she was shown even as sus....
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....said company from 22.03.2013. The said aspect was pointed out to the respondent investigating agency vide letter addressed by the advocate of the applicant. Similarly, in another company applicant ceased to be a Director from 29.04.2010. 5. It is further submitted that the respondent investigating agency in the reply filed before this Court has mainly alleged that there is no compliance of summonses issued by respondent No.2. It is further alleged that applicant was involved in transaction of various companies in which the applicant was Director at the relevant point of time from 2010 to 2013. It is also alleged that applicant is actively involved in the offence of money laundering by receiving an amount of Rs. 10 lakh from company named ....
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.... the applicant is provisionally attached by the respondent investigating agency. 7. Learned Senior Counsel Mr. Nanavaty further referred the provisions contained in Section 2(u) of the PMLA i.e. the definition of 'proceeds of crime' and also referred the provisions contained in Section 3 and 4 of the PMLA Act. It is submitted that looking to the facts and circumstances of the present case, custodial interrogation of the applicant is not required and therefore as the applicant is a lady accused, this Court may exercise discretion in her favour and enlarge her on anticipatory bail. 8. On the other hand, learned Assistant Solicitor General Mr. Devang Vyas has vehemently opposed this application. Learned Assistant Solicitor General ....
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....of the bank accounts of the said company. 10. Learned Assistant Solicitor General would further submit that FIR being C.R.No.I3 of 2015 is registered with CID Crime, Gandhinagar against the concerned accused wherein the husband of the applicant is also one of the accused. It is alleged that the concerned accused including the husband of the applicant have misappropriated funds to the tune of approximately Rs. 211.94 crores. Based on the said FIR and the charge sheet, the Directorate of Enforcement recorded an ECIR being ECIR/AMZO/02/2017 dated 09.06.2017 against Sanjay Gupta and others as the offence for which FIR is registered against them are scheduled offence under PMLA, for the purpose of investigation under PMLA and initiated a case ....
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....ferred the averments made in para 9 of the said reply. 13. Learned Assistant Solicitor General Mr. Vyas therefore urged that looking to the facts and circumstances of the present case, custodial interrogation of the applicant is required and therefore this Court may not exercise discretion in favour of the applicant. 14. I have considered the submissions canvassed by learned advocates appearing for the parties. I have also perused the material placed on record. From the material placed on record, it is revealed that the respondent - investigating agency has registered the case being ECIR/AMZO/02/2017 against the applicant. In connection with the said case, summons under Section 50 of the PMLA came to be issued to the applicant thrice. I....
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.... are controlling stakeholders, each with more than 40% shareholding with respect to Purple Events Ltd. 15. In paragraph 9 of the reply to the rejoinder, the Assistant Director of respondent No.2 has stated as under: "9. Further it is respectfully submitted that though the applicant resigned fro the post of director from Neesa Agritech & Foods Ltd. On 29.04.2010, as per balance sheet of Neesa Agritech & Foods Ltd. (NAFL) for FY 201213, Euclid Construction Ltd. Neesa Technologies Ltd and Sanjay Gupta were shareholders of the company NAFL with 11%, 54% and 32% shareholding respectively. Further as per balance sheet of Euclid Constructions Ltd filed for FY 201213, Neesa Infrastructure Ltd. Neesa Agritech & Foods Ltd (NAFL) and Cambay Hotel....