TaxTMI 
TaxTMI 
2020 (12) TMI 1093
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....ed primary gold from abroad through diplomatic channel of UAE consulate. Consequently, other investigating agencies like the NIA, and the Enforcement Directorate also registered Crimes against the aforesaid accused persons and the present Crime is being investigated. The applicant was summoned by the Directorate a number of times for questioning and the applicant has been cooperating with such questioning and investigation. The Customs as well as the NIA also had questioned the applicant several times. It is stated that he has been interrogated for more than 90 hours by all the three agencies together. Yet, none of the aforesaid investigating agencies could collect any incriminating materials against him even after hundred days of investigation. The Enforcement Directorate has filed a complaint before the Special Court in which certain baseless allegations are seen made against the applicant giving an indication that he too may have been involved in the illegal activities of the other accused. The applicant had, during his questioning by the agencies conceded about his acquaintance with Swapna who was working as Secretary to the UAE Consulate General. In his capacity as a person ho....
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.... to an illegal arrest. The Enforcement Directorate had questioned the applicant for 30 hours out of the total 90 hours he was questioned by all the agencies together. It is also stated that considering the present pandemic situation specific directions were issued by the Hon'ble Supreme Court to arrest a person only if it is highly necessary. The applicant undertakes that he is willing to co-operate with the investigation. Considering the background of the applicant and his long unblemished service record, there is little possibility of his absconding or fleeing from justice. Custodial interrogation may not be required and the applicant is willing to abide by any condition that may be imposed by this Court. Under the circumstances, the applicant seeks a pre-arrest bail in case he is to be arrested in connection with the aforesaid Crime of the Enforcement Department. 3. The Assistant Director, Directorate of Enforcement has filed a counter affidavit interalia contending as follows:- Consequent to the seizure of 30 KGs of primary gold worth Rs.14.80 crores camouflaged in the immune diplomatic baggage to the UAE Consulate as diplomatic cargo at the Thiruvananthapuram Internationa....
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....ence which has been collected. There is no basis for any reasonable apprehension of arrest made out by the applicant. The ED had questioned the applicant and recorded his statements wherein he has affirmed that he had instructed his Chartered Accountant Sri Venugopal to help Swapna Suresh to manage her finances. Sri Venugopal has also confirmed that the applicant had approached him along with Swapna Suresh and had asked him to advise her financial matters. The applicant had also asked him to open a locker in the State Bank of India to be jointly operated by him with Swapna Suresh. Thereafter, Swapna Suresh approached him with a bag containing Rupees Thirty lakhs in cash. Initially, Sri.Venugopal was hesitant to accept that amount. But then Swapna Suresh explained that the cash had come from genuine sources and asked him to deposit that money in the locker. All this had happened in the presence of the applicant. The applicant was constantly in touch with Sri.Venugopal and he was informed about the withdrawals from the bank locker. It is contended that the applicant was evasive in his answers pertaining to the bank locker and denied that he had given instructions to Sri.Venugopal to ....
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.... been made an accused in the crime, like the sword of Democles, the threat continues to hang over his head and it is submitted that it is not essential for a person to be arraigned as accused so as to seek pre-arrest bail. The mere apprehension that he may be made an accused would suffice, submits the learned Senior Counsel. 6. Per contra the learned ASG relies on the catena of decisions in support of his argument opposing the grant of anticipatory bail to the applicant. In Vakamulla Chandrasekhar v. Enforcement Directorate & Ors [MANU/DE/3614/2017] the Division bench of the High Court of Delhi has held thus: "45. We may now turn to the submission of the petitioner premised on Arnesh Kumar (supra). A perusal of Section 44(2) of the PMLA shows that the power of the High Court to deal with a regular bail application under Section 439 of Cr.P.C. has been preserved. However, there is no similar provision made in the PMLA with respect of the power of the High Court/Court of Sessions to grant anticipatory bail under Section 438 Cr.P.C. Thus, it, prima facie, appears to us that under the Scheme of the PMLA, the relief of statutory anticipatory bail is excluded. Such exclusion of the pr....
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....riLJ 861), it was held that in economic offences, the accused is not entitled to anticipatory bail." 9. After hearing the submissions made by the learned ASG and the learned Senior Counsel appearing for the applicant and on examining the provisions of the PMLA, I find that there is no specific provision in the aforesaid Act dealing with granting of anticipatory bail. The act of money laundering has both civil and criminal repercussions which the offender may have to face. Apart from adjudication, the perpetrator of the crime will also have to face penal consequences. The provisions would indicate that authorities for the purpose of the Act who can take action for violation of the provisions in the Act are the Director, Additional Director, Deputy Director, Joint Director, Assistant Director and such other classes of officers as may be appointed for the purpose under Section 48 of the PMLA. The fact that very senior and experienced officers are empowered to act against the offenders of the PMLA itself would indicate the extent of caution and experience they have to deploy before implicating anyone as an accused or an offender. 10. In the instant case, the ED is relying on the stat....