Case Law Details
Directorate of Enforcement Vs M. Gopal Reddy & Anr (Supreme Court of India)
Supreme Court of India held that conditions under Section 45 Prevention of Money Laundering Act, 2002 (PMLA) is applicable to Anticipatory Bail application under section 438 of The Code of Criminal Procedure, 1973.
Facts- A FIR was registered by Economic Offences Wing (EOW), wherein 20 persons/companies were named as suspected in the said scam. M/s Max Mantena Micro JV, Hyderabad was one among them.
According to the ED, in order to gather evidence, a search operation was conducted under the provisions of Section 17(1) of PMLA, 2002. Accordingly, 18 premises were searched including the residences of the promoters and offices of M/s Mantena Constructions Ltd and a good number of incriminating documents and digital devices have been seized and are being examined for evidence.
It is clear from the ED investigation done so far that a systematic conspiracy has been planned and executed by a number of infrastructure companies based at Hyderabad in collusion with a few Government officials and IT management companies to illegally win etenders. Further large amounts of bribes running into crore(s) of rupees have exchanged hands using hawala channels.
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