TaxTMI 
TaxTMI 
2018 (5) TMI 2091
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.... of the order dated 24.7.2017 has been placed on record by learned counsel for the respondents passed in SLP (Crl)No.4466/2017 titled as Directorate of Enforcement Vs. M/s. Obulapuram Mining Company Pvt. Ltd, which reads as under:- "Leave granted. In the meantime, the impugned judgment and order will notoperate as a precedent. Liberty is granted to file Rejoinder Affidavit within a period of 4 weeks from today." Learned counsel for the respondents has contended that heavy reliance was placed by the rival side on Ajay Kumar Gupta Vs. Adjudicating Authority (PMLA) reported in Manu/TN/2654/2017 which was mainly based on the case of Directorate of Enforcement Vs. M/s. Obulapuram Mining Company Pvt. Ltd. It has also been contended by....
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....ent by Hon'ble Apex Court in the matter of Directorate of Enforcement Vs. M/s. Obulapuram Mining Company Pvt. Ltd. In view of above, hearing in the petition is deferred. Learned counsel for the petitioners has expressed his anxiety about the relief claimed by the petitioners, in so far as it relates to converting the non-bailable warrant issued against the petitioners in to bailable one. Counsel submits that as the fate of criminal misc. petition will be decided later on, this issue, being urgent in nature may be dealth with immediately. In this regard, learned counsel for the respondents has taken the objection that by way of pending criminal misc. petition,challenge has been made by the petitioners to the orders impugned dated 12.3.201....
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.... 15.3.2018. Now when the criminal misc. petition has been preferred under Sec.482 Cr.P.C, the respondents are again playing hide and seek to oppose the prayer on technicalities. Learned counsel has also brought it into notice of the court that in the predicate offence under Sec.109 IPC read with Sec.13(2) r/w sec.13(1)(e) of the P.C.Act, the petitioner no.2 Smt. Anita Singh Dev has been granted anticipatory bail under Sec.438Cr.P.C by the CBI Court No.1, Jaipur on 13.1.2012. Similarly, the petitioner no.1 P.M. Singh Dev has also been allowed bail under Sec.439 Cr.P.C vide order dated 2.2.2012 in the predicate offence under Sec.13(2) read with Sec.13(1)(e) of the P.C.Act by learned CBI Judge No.1, Jaipur. Counsel further submits t....
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....tion is the order by which cognizance was taken against the petitioners for the offence punishable under Sec.3/4 of the PMLA Act, 2002 and at the same time, order for issuance of non-bailable warrant was also passed. Later part of the order is certainly dependent upon and consequent to the order of cognizance. If cognizance order is not maintained, then the order of calling the petitioners by way of arrest warrant also does not subsist. Since the Hon'ble Apex Court is seized with the present controversy in the case of "Directorate of Enforcement Vs.M/s. Obulapuram Mining Company Pvt. Ltd" (supra) and the proceeding of this petition has been deferred to wait for the authoritative pronouncement on the issue, for the present, it cannot be said....
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....person to court when summons of bailable warrants would be unlikely to have the desired result. This could be when: *it is reasonable to believe that the person will not voluntarily appear in court; or *the police authorities are unable to find the person to serve him with a summon; or *it is considered that the person could harm someone if not placed into custody immediately. 53. As far as possible, if the court is of the opinion that a summon will suffice in getting the appearance of the accused in the court, the summon or the bailable warrants should be preferred. The warrants either bailable or non-bailable should never be issued without proper scrutiny of facts and complete application of mind, due to the extremely serious cons....