TaxTMI 
TaxTMI 
2022 (12) TMI 1419
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.... 2002 (hereinafter referred to as the "PMLA") read with Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the "CrPC") has been filed by the accused-applicant in anticipation of his arrest pursuant to Special Case No. 63 of 2022 (ED Vs. Sanjay Agarwal and others), arising out of ECIR/10/LKZO/2012, under Section 3/4 PMLA, 2002 lodged at Police Station Directorate of Enforcement, Lucknow Zonal Office, Lucknow, pending in the Court of learned Sessions Judge/Special Judge, PMLA, Lucknow, District Lucknow. 3. A large number of bungling and misappropriation of funds and cheating etc came to the notice and Public Interest Litigation Petition Nos. 3611 of 2011, 3301 of 2011 and 2647 of 2011 came to be filed. This Court....
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....) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "PC Act"). After completing of investigation, charge-sheets came to be filed. 5. Allegation against the accused-applicant is that the accused-applicant, being Proprietor of M/s Charishma Health Care, Lucknow, in connivance and in criminal conspiracy with Health Department Officers, supplied medicines at exorbitant price, causing huge loss to the Government and each charge-sheet mentions the amount which was allegedly embezzled and misappropriated by the Government Officers/Officials and the present accused-applicant. 6. On behalf of the accused-applicant, it is submitted that the FIR came to be registered in the year 2012 by the CBI, pursuant to the order passed b....
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....tender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021. Aman Preet Singh Vs. C.B.I. Through Director (supra) as well as Siddharth Vs. State of Uttar Pradesh & Anr. (Criminal Appeal No.838/2021, 2021 SCC onLine SC 615) it has been held by the Supreme Court that if an accused is not arrested during the course of investigation and the offence punishable is less than 7 years, the he should be granted anticipatory bail/bail, as the case may be. 8. On the other hand, Mr. Kuldeep Srivastava, learned counsel for the respondent - Directorate of Enforcement, submits that the total scam is of several hundred crores; at the time when the offence was committed, the amount under Section 45 of the PMLA was Rs. 30 Lac. It is....