TaxTMI 
TaxTMI 
TaxTMI 
2025 (6) TMI 521
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.... Original Complaint No.1101/2019, whereby the sum of Rs. 30 lakhs recovered and seized by Central Bureau of Investigation was attached by ED vide Provisional Attachment Order No.01/2019 dated 06.02.2019. 2. As per the facts of the case, the Central Bureau of Investigation, New Delhi, registered FIR No.RC-AC-1-2013A0003 dated 07.08.2013 under Section 7, 8, 12 & 13(2) read with 13 (1) (d) of Prevention of Corruption Act, 1988 against the accused persons. As per FIR Shri Mahendra Kumar Gupta alias MK Gupta, Assistant Engineer posted at Rohini Zone of North Delhi Municipal Corporation was indulging in corrupt and illegal activities in conspiracy with officials of different zonal building departments of North Delhi, Municipal Corporation. These....
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....tion of the said property in an illegal manner. Rajesh Kumar Gupta further negotiated the bribe amount on behalf of Sh. Rajesh Agarwal and Sh. Manish Tuli with Sh. Satish Kumar and Shri Kapil Deo and it was finally settled for Rs. 50 lacs. Sh. Satish Kumar assured Sh. Rajesh Gupta that the regularization work pertaining to building at Plot No. A-2, Wazirpur Industrial Area, Delhi will be done within a week and asked him to deliver the bribe money of Rs. 50 lacs. In furtherance of the conspiracy, it was also agreed upon by the parties to deliver Rs. 30 lacs as part payment of the bribe money on 07.08.2013 and remaining amount of bribe money during the next week. In pursuance of the FIR, a CBI team was constituted which caught the defendants....
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....d demolition action will take place. On 29.01.2013, the regularization of the building was revoked with the approval of Shri Subhash Chandra DC. Demolition actions were carried out on 22.01.2013 and 23.05.2013 at A-2, Wazirpur Industrial area, New Delhi. The proceedings of rectification and demolition actions were carried out simultaneously to create pressure on the party for raising demand for illegal gratification from the owner of A-2 Wazirpur Industrial area, New Delhi. The CBI received 155 incriminating telephonic conversation from Special Unit, CBI, New Delhi for the period from 26.04.2013 to 07.08.2013. These telephone conversations show that above accused public servants conspired with each other and with private accused persons in ....
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....llant filed the present appeal. 3. During the arguments, Ld. Counsel for the appellant pointed out that the whole case built-up by ED is based on the investigation conducted by CBI. No independent investigation was done by ED and the respondent has relied on the CBI investigation entirely, however, the allegations made in the chargesheet filed by the CBI are subject matter of trial, and thus, the amount of Rs. 30 Lakhs is a 'lis', yet to be adjudicated upon by the trial court, and thus, the passing of PAO and filing of ECIR on basis of CBI investigation is bad in law. He contended further that the investigation in the said ECIR did not reveal any evidence, whereby the impugned PAO can be passed. Further, he submitted that since the appella....
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....ependent investigation, qua the predicate offence? ii) Whether the cash of Rs.30 Lakhs cannot be attached, being case property in CBI case trial? iii) Whether the entitled to challenge the attachment of Rs. 30 lakhs on account of his specific denial for tendering the money? 6. Now, coming to the issue no. i), we are of the view that the police/CBI has to conduct the investigation for the commission of the predicate/schedule offence and ED is not empowered to re-investigate the same. It has to see only the following points during its investigation for money laundering: - i) Whether there is any prima facie incriminating evidence against the culprits for commission of schedule offence; ii) Whether any proceeds of crime were generated....