TaxTMI 
TaxTMI 
2021 (10) TMI 991
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.... taken up today for hearing. CRM-M No.39104 of 2021 (O&M) Prayer in this petition is for setting-aside the order dated 04.08.2021 passed by the Special Judge, PMLA, Chandigarh, in Complaint Case No.2 of 2018 in ECIR/06/CHD/2016 dated 19.09.2016, titled as "Assistant Director (PMLA) vs Ashu mehra and others" filed under Sections 44 and 45 of the Prevention of Money Laundering Act, 2002, vide which the application filed by the petitioner seeking permission of the Court to go abroad and visit USA and Dubai was dismissed. Counsel for the petitioner could not dispute that vide order dated 19.08.2021 passed in CRM-M No.33804 of 2021 filed by the petitioner, the similar prayer has already been dismissed by this Court, by passing the follo....
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....d that the petitioner on an earlier occasion has filed application before the Special Court, CBI to grant permission to travel abroad, which was declined vide order dated 07.02.2019 and the petitioner preferred CRM-M No.7910 of 2019, which was later on withdrawn on 28.07.2021, with liberty to apply fresh before the trial Court. It is further argued that in the intervening period, the Special Court, PMLA, Chandigarh has granted permission to the petitioner to travel abroad i.e. Dubai and USA, vide order dated 08.02.2019. Counsel for the petitioner has, thus, prayed that the CBI, Special Court, CBI, Chandigarh has wrongly declined the prayer to allow him to travel abroad. Reply on behalf of the CBI, was filed before the Court, in the....
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....e of West Bengal and another, C.R.R. No.2199 of 2013, decided on 04.12.2013 and Hon'ble Punjab & Haryana High Court in case titled Ryan Augustine Pinto vs. Central Bureau of Investigation, CRM-M No.55170 of 2018 decided on 22.02.2019. 6. Learned Special Public Prosecutor for the CBI meanwhile argued that the accused is involved in a serious offence amounting to loss of about 300 crores to the Indian Overseas Bank. The applicant is the main accused and has only filed this vague application to escape the trial and flee the country. The applicant has not given any dates of his travel and wants a blanket permission to go abroad as and when he feels to do so. Wife of the accused, who was co-accused in a money laundering case, has alread....
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....has business dealings to export garments. But in the affidavit of his schedule filed by him on the previous date, it was mentioned by him that he wants to go to USA to inspect the import material comprising of Walnuts, which he wants to export from USA. It seems that the only intention of the accused is to seek permission to go abroad and then try to flee and avoid the trial. It is not disputed that the wife of accused, who is co-accused in money laundering case, has already fled and was declared a proclaimed offender. It is also not disputed that similar application of the co-accused in ED case stands dismissed. Merely having a right to travel abroad does not entitle the accused to the relief sought by him and thus, the case laws as cited,....
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....a fraud of Rs. 300/- crores has been committed by the accused in conspiracy with each other. As per the allegations of the charge-sheet, the petitioner - Gaurav Kirpal is the Director of M/s. Sai Bhakti Impex Private Limited and proprietor of M/s. Best Exports and is also authorized signatory of M/s. Omkara Worldwide Traders Private Limited and 3 fraudulent buyer's credit were issued showing M/s. Sai Bhakti Impex Private Limited as applicant. As per the accounts of M/s. Sai Bhakti Impex Private Limited, M/s. Best Exports and M/s. Omkara Worldwide Traders Private Limited, payments were made for bearing the expenses of Air travel tickets of main accused Ashu Mehra and his family members. It is also stated in the charge-sheet that from the....